Compelled organ donation |
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| Authors: | Louis M Solomon Rebekka C Noll David S Mordkoff |
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| Institution: | 1. Department of Pathology, New York, NY;2. Leukemia Service, Memorial Sloan-Kettering Cancer Center, New York, NY;3. Department of Medicine V, University Hospital Heidelberg, Heidelberg, Germany;4. Department of Molecular Therapy in Hematology and Oncology, National Center for Tumor Diseases and German Cancer Research Center, Heidelberg, Germany;5. Genome Biology Unit, European Molecular Biology Laboratory, Heidelberg, Germany;6. Human Oncology and Pathogenesis Program, New York, NY;7. Center for Molecular Oncology, Memorial Sloan-Kettering Cancer Center, New York, NY;8. Division of Hematology and Medical Oncology, Mayo Clinic/Mayo Clinic Cancer Center, Scottsdale, AZ;9. School of Life Sciences, Ulsan National Institute of Science and Technology, Ulsan, Republic of Korea, Columbus, OH;10. Division of Hematology, Department of Internal Medicine, The Ohio State University Comprehensive Cancer Center, Columbus, OH;11. MLL Munich Leukemia Laboratory, Munich, Germany;12. Department of Epidemiology and Biostatistics, Memorial Sloan-Kettering Cancer Center, New York, NY;1. University of Vienna, Department of Pediatrics, Vienna, Austria;2. Leibniz Institute for Neurobiology, Magdeburg, Germany;3. University of Magdeburg, Institute of Biology, Leipziger Str. 44, 39120 Magdeburg, Germany;4. Center for Behavioral Brain Sciences, Magdeburg, Germany;1. Department of Heart- and Vascular Surgery, University Hospital of Schleswig-Holstein, Campus Kiel, Arnold-Heller Straße 3, Haus 26, 24105 Kiel, Germany;2. Department of Dermatology, University Hospital of Schleswig-Holstein, Campus Kiel, Rosalind-Franklin-Straße 7, 24105 Kiel, Germany;3. Institute of Anatomy and Cell Biology, RWTH University of Aachen, Wendlingweg 2, 52072 Aachen, Germany;4. Department of Traumatology, University Hospital of Schleswig-Holstein, Campus Kiel, Arnold-Heller Straße 3, Haus 18, 24105 Kiel, Germany;5. Department of Orthopedics, Aachen University Hospital, Pauwelsstr. 30, 52074 Aachen, Germany;1. Department of Psychology and Beijing Key Laboratory of Behavior and Mental Health, Peking University, Beijing, China;2. Speech and Hearing Research Center, Key Laboratory on Machine Perception (Ministry of Education), Peking University, Beijing, China;3. Beijing Key Laboratory of Epilepsy, Epilepsy Center, Department of Functional Neurosurgery, Sanbo Brain Hospital, Capital Medical University, Beijing, China;4. Beijing Institute for Brain Disorders, Beijing, China;1. Department of Physics, University of Illinois at Chicago, IL 60607, USA;2. Department of Physics & Astronomy, University of Hawaii at Manoa, Honolulu, HI 96822, USA;3. Department of Physics and IPAP, Yonsei University, Seoul 03722, Republic of Korea;1. Department of Audiology, Speech-Language Pathology, and Deaf Studies, Towson University, Towson, MD, 21252, USA;2. Department of Speech, Language, and Hearing Sciences, Purdue University, West Lafayette, IN, 47906, USA |
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| Abstract: | Along with ethical considerations, compelling an individual to donate organs, tissues, or bodily fluids brings several legal doctrines into conflict. The privacy of one's body is generally considered sacrosanct by American courts, which have upheld a competent adult's right to refuse medical procedures, even in cases when they are necessary to save the life of another. Although medical and legal communities stress “respect for the individual” as being paramount under American jurisprudential principles, the doctrine of “substituted judgment” permits a court to act (for example, by consenting to organ donation) on behalf of an incompetent individual or child. Parents also have the right to cause a child to “donate” an organ, and although a means exists by which the child can refuse, this may not be realistically feasible for young children. The revised Uniform Anatomical Gift Act of 2006, while clarifying issues of who may make organ donation decisions, does not resolve all the practical issues of compelled organ donation for minors. |
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