Reviewing the Current Organ Donation System in the United States: Possibility of Adopting Presumed Consent System
DOI:
https://doi.org/10.59992/IJFAES.2024.v3n11p7الكلمات المفتاحية:
Organ Donation، Life Saving، Religion View، USA System on Organالملخص
Organ donation cannot be mandatory in the view of the current system of organ donation in The United States due to several circumstances, and factors would cause failing the system if it was adopted. Comparing with some European countries, which adopted the presumed consent in its organs donation system, The United States has its own special system. And the first obstacle is the freedom of practicing religion. In this paper, when the mandatory term indicated, it means the presumed consent. And my point is that there is no doubt that the current organs donation system in The United States is not working as it should be… [1], and what I am saying is that the change from organ donation system, built on a volunteering option to a mandatory rules would not be possible, or will say raising the system to the mandatory level will not be possible, which mean the presumed consent system will not be possible.
[1] Sean Arthurs, Comment and Casenote: No More Circumventing the Dead: The Least- The Least-Cost Model Congress Should Adopt to Address the Abject Failure of Our National Organ Donation Regime, (2005) University of Cincinnati Law Review University of Cincinnati Law Review, 73 U. Cin. L. Rev. 1101,
المراجع
1. Procurement And Transplantation: Ethical and Practical Issues” Valium 2, Number 5; September 1995.
2. Bruce Patsner, M.D., J.D. Human Organ Transplantation in the United States_ Crossing New Lines.” Health Law Perspectives August 2008.
3. James F. Childress, Catharyn T. Liverman, Editors. Committee On Increasing Rates of Organs “Organ Donation: Opportunities for Action.”
4. Sean Arthurs, Comment and Casenote: No More Circumventing the Dead: The Least- The Least-Cost Model Congress Should Adopt to Address the Abject Failure Of Our National Organ Donation Regime, (2005) University Of Cincinnati Law Review University Of Cincinnati Law Review, 73 U. Cin. L. Rev. 1101.
5. Denise Spellman, Encouragement Is Not Enough: The Benefits of Instituting A Mandated Choice Organ Procurement System, 56 Syracuse L. Rev.353, 2006.
6. Sarah Elizabeth Statz. “Finding The Winning Combination: How Blending Organ Procurement Systems Used Internationally Can Reduce the Organ Shortage.” 2006; 1678_1709; Vol. 39: 1677.
7. School Of Medicine, University of Missouri. Center for Health Ethics. “Organ Acquisition” February 2009. Published By Office of Communication and Innovations.
8. Melissa N. Kurnit, “Organ Donation in The United States: Can We Learn from Successes Abroad?”, 17 B.C. Int'l & Comp. L. Rev. 405,1994.
9. In The Fotenote Of Westlaw: “See Mehlman, Supra Note 6, At 44; See Also Kirker V. Orange County, 519 So.2d 682, 684 (Fla. Dist. Ct. App. 1988) (Quoting Jackson V. Rupp, 228 So.2d 916, 918 (Fla. Dist. Ct. App. 1969), Aff'd 238 So.2d 86 (Fla.1970); Kirksey V. Jernigan, 45 So.2d 188 (Fla. 1950)).”
10. Sean T. Gallagher. The Spanish Model's Capacity to Save Lives by Increasing Organ Donation Rates. 18 Temple International and Comparative Law Journal403. Fall, 2004.
11. David Orentlicher. Presumed Consent to Organ Donation: Its Rise and Fall In The United States. 61 Rutgers Law Review. 295. Winter, 2009.
12. Danielle Cameron, A College Student, Philosophy Senior Essay, “Ethical and Philosophical Barriers to Organ Donation”, April 2005.
13. Jeremy Gantz, Last Of 4 Parts: Religious Groups Disagree on Medical Donations, Middle Reports Chicago, 2007. Available At
Http://News.Medill.Northwestern.Edu/Chicago/News.Aspx?Id=37151&Print=1 . Last Visit 06/29/2010.
14. Managing Editor, Mark E. Ware, Managing Editor- Elect, Associate Editors: Julie Allison Christie Cathey Stephen F. Davis William J. Lammers, Jeffifer L. O’Loughlin-Brooks, And Special Features Editors: Richard, Miller AND Robert F. Rycek, “Journal of Psychological Inquiry”, Valume 12, Number 2, Fall 2007. At P 64. Available At Http://Jpi.Morningside.Edu/Vol%2012(2).Pdf
15. E. Richard Gold, BODY PARTS" PROPERTY RIGHTS AND THE OWNERSHIP OF HUMAN BIOLOGICAL MATERIALS, Harvard Journal of Law & Technology, Volume 10, Number 2, Winter 1997, at p 373 available at.
16. U T Health Science Center, San Antonio, Is donation compatible with my religious beliefs? Available at http://www.uthscsa.edu/allograft/beliefs.asp, last visit 06/29/2010.
17. Jeremy Gantz, Last of 4 parts: Religious groups disagree on medical donations, Middle Reports Chicago, 2007. Available at http://news.medill.northwestern.edu/chicago/news.aspx?id=37151&print=1. Last visit 06/29/2010.
18. U T Health Science Center, San Antonio, Is donation compatible with my religious beliefs? Available at http://www.uthscsa.edu/allograft/beliefs.asp last visit 06/29/2010.
