Case Study Assignment: “Opt-out organ donation without presumptions” In his article “Opt-out organ donation without presumptions”, Ben Saunders is writing to defend an opt-out organ donation system in which cadaveric organs can be used except in the case that the deceased person has registered an objection and has opted-out of organ donation. Saunders provides many arguments to defend his stance and to support his conclusion. This paper will discuss the premises and elements of Saunders’ argument and how these premises support his conclusion. Furthermore, this paper will discuss the effectiveness of Saunders’ argument, including its strengths and weaknesses. Lastly, it will discuss how someone with an opposing view might respond to his article, …show more content…
However, Saunders begins his argument by arguing that the current opt-in system leads to a shortage in the supply of organs and this is a major concern. This results in numerous people who need organs dying while on waiting lists and also suffering while waiting for transplant as one of their organs is failing. This is Saunders’ first premise to support his conclusion to put an opt-out system in place. By putting an opt-out system in place, this will contribute to an increase in the supply of organs. The Instrumental Value of Organ Donation According to Saunders, the primary value of organ donation is instrumental rather than expressive. Saunders goes on to discuss that from an instrumental perspective, what matters is …show more content…
Throughout the article, Saunders often discusses presumed consent. Presumed consent is the idea that we can assume that a person’s organs may be used and that this permits us to take them as if they had consented to organ donation, unless they have registered an objection. This is challenging because it implies that consent is a mental attitude – something like approval – instead of an act. Saunders argues that if consent is necessary to be given, then it cannot merely be presumed when no act has taken
Joanna MacKay says in her essay, Organ Sales Will Save Lives, that “Lives should not be wasted; they should be saved.” Many people probably never think about donating organs, other than filling out the paperwork for their drivers’ license. A reasonable amount of people check ‘yes’ to donate what’s left of their bodies so others may benefit from it or even be able to save a life. On the other hand, what about selling an organ instead of donating one? In MacKay’s essay, she goes more in depth about selling organs.
Gregory exposes and informs the audience that there are thousands of people that are dying and suffering as a result of not being able to receive transplants. Persuasively, Gregory is pushing and convincing readers to open their eyes and agree that there should be a legal market in organ selling and that people should be compensated for their donation. The author approaches counterarguments such as the market will not be fair and the differences between a liberalist’s and conservative’s views on organ selling. Liberal claims like “my body, my choice” and the Conservative view of favoring free markets are what is causing controversy to occur. Gregory suggests that these studies “show that this has become a matter of life and death” (p 452, para 12). Overall, Anthony Gregory makes great claims and is successful in defending them. He concludes with “Once again, humanitarianism is best served by the respect for civil liberty, and yet we are deprived both… just to maintain the pretense of state-enforced propriety” (p 453, para 15). In summary, people are deprived of both humanitarianism and civil liberty all because of the false claim of state-enforced behaviors considered to be appropriate or correct. As a result, lives are lost and human welfare is at
When viewing organ donation from a moral standpoint we come across many different views depending on the ethical theory. The controversy lies between what is the underlying value and what act is right or wrong. Deciding what is best for both parties and acting out of virtue and not selfishness is another debatable belief. Viewing Kant and Utilitarianism theories we can determine what they would have thought on organ donation. Although it seems judicious, there are professionals who seek the attention to be famous and the first to accomplish something. Although we are responsible for ourselves and our children, the motives of a professional can seem genuine when we are in desperate times which in fact are the opposite. When faced with a decision about our or our children’s life and well being we may be a little naïve. The decisions the patients who were essentially guinea pigs for the first transplants and organ donation saw no other options since they were dying anyways. Although these doctors saw this as an opportunity to be the first one to do this and be famous they also helped further our medical technology. The debate is if they did it with all good ethical reasoning. Of course they had to do it on someone and preying upon the sick and dying was their only choice. Therefore we are responsible for our own health but when it is compromised the decisions we make can also be compromised.
In her article, Satel criticizes the current methods governing organ sharing in the United States, and suggests that the government should encourage organ donation, whether it was by providing financial incentives or other compensatory means to the public. Furthermore, the author briefly suggests that the European “presumed consent” system for organ donation might remedy this shortage of organs if implicated in the States.
...nts will die before a suitable organ becomes available. Numerous others will experience declining health, reduced quality of life, job loss, lower incomes, and depression while waiting, sometimes years, for the needed organs. And still other patients will never be placed on official waiting lists under the existing shortage conditions, because physical or behavioral traits make them relatively poor candidates for transplantation. Were it not for the shortage, however, many of these patients would be considered acceptable candidates for transplantation. The ban of organ trade is a failed policy costing thousands of lives each year in addition to unnecessary suffering and financial loss. Overall, there are more advantages than disadvantages to legalizing the sale of organs. The lives that would be saved by legalizing the sale of organs outweighs any of the negatives.
Satel argues for organ donation system reform in the United States. She provides valid and supported reasoning for her thoughts. Implied consent and compensation for donation are inventive and legitimate ways to prevent deaths of individuals on the organ waiting list. Compensation would improve the quality of life of both donors and recipients and implied consent would increase the amount of usable organs. These reforms would greatly benefit those in need of a transplant. The need for organs is large and the argument to increase the number of organs for donation is strong.
Throughout history physicians have faced numerous ethical dilemmas and as medical knowledge and technology have increased so has the number of these dilemmas. Organ transplants are a subject that many individuals do not think about until they or a family member face the possibility of requiring one. Within clinical ethics the subject of organ transplants and the extent to which an individual should go to obtain one remains highly contentious. Should individuals be allowed to advertise or pay for organs? Society today allows those who can afford to pay for services the ability to obtain whatever they need or want while those who cannot afford to pay do without. By allowing individuals to shop for organs the medical profession’s ethical belief in equal medical care for every individual regardless of their ability to pay for the service is severely violated (Caplan, 2004).
The National Organ Transplant act was enacted in 1984 as a free market for organs began to arise in America. Congress was concerned about the injustice that could arise from impoverished donors being pressured into selling their organs (Ci...
“Organ Sales Will Save Lives” by Joanna MacKay be an essay that started with a scenario that there are people who died just to buy a kidney, also, thousands of people are dying to sell a kidney. The author stood on her point that governments should therefore stop banning the sale of human organs, she further suggests that it should be regulated. She clearly points that life should be saved and not wasted. Dialysis in no way could possibly heal or make the patient well. Aside from its harshness and being expensive, it could also add stress to the patient. Kidney transplant procedure is the safest way to give hope to this hopelessness. By the improved and reliable machines, transplants can be safe—keeping away from complications. Regulating
Death is an unavoidable factor in life. We are all expected to die, but for some of the people the end does not have to come too soon. Joanna MacKay in her article Organ Sales Will Save discuss how the legalization of the organs sale, possesses the capability of saving thousands of lives. MacKay in her thesis stipulates that the government should not ban the human organs sale rather they should regulate it (MacKay, 2004). The thesis statement has been supported by various assertions with the major one being that it shall save lives. The author argues that with the legalized sale of organs, more people would be eager to donate their kidneys.
It is clear that a large demand for organs exists. People in need of organ donations are transferred to an orderly list. Ordinarily, U.S. institutions have an unprofitable system which provides organs through a list of individuals with the highest needs; however, these organs may never come. A list is
Nadiminti, H. (2005) Organ Transplantation: A dream of the past, a reality of the present, an ethical Challenge for the future. Retrieved February 12, 2014 from http://virtualmentor.ama-assn.org/2005/09/fred1-0509.html
Organ donations are crucial for people in emergency situations. For years organ donations have saved the lives of millions. The problem with people needing organs is that there are not enough organs to be supplied to everyone who needs it. There are many people who die because they are not able to obtain lifesaving organs. The need for organs exceeds the supply given. Thus, leading me to ask this essential question, “Should organ donation be a part of the market?” To support this question I have prepared three supportive claims, but since my answer is no my reasons will revolve around this argument. First, I will state why I do not agree with such a thing, and then I will support my claim by stating why it is so bad, and to end my paper I will state what place(s) legalizes trade.
In conclusion, although there are some valid reasons to support the creation of an organ market based on the principles of beneficence and autonomy, there are also many overriding reasons against the market. Allowing the existence of organ markets would theoretically increase the number of organ transplants by living donors, but the negative results that these organ markets will have on society are too grave. Thus, the usage of justice and nonmaleficence as guiding ethical principles precisely restricts the creation of the organ market as an ethical system.
In this paper I will be using the normative theory of utilitarianism as the best defensible approach to increase organ donations. Utilitarianism is a theory that seeks to increase the greatest good for the greatest amount of people (Pense2007, 61). The utilitarian theory is the best approach because it maximizes adult organ donations (which are the greater good) so that the number of lives saved would increase along with the quality of life, and also saves money and time.