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The Constitutional Influence On Organ Transplants With Specific Reference To Organ Procurement
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Book Synopsis The Constitutional Influence on Organ Transplants with Specific Reference to Organ Procurement by : Debbie Labuschagne
Download or read book The Constitutional Influence on Organ Transplants with Specific Reference to Organ Procurement written by Debbie Labuschagne and published by . This book was released on 2014 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article assesses the influence of the Constitution of the Republic of South Africa, 1996 on the law pertaining to organ transplants with specific reference to methods of organ procurement. These methods include a system of opting-in, presumed consent, required request, required response, the sale of organs, and organ procurement from prisoners. It is argued, in view of the acute shortage of organs, that the various organ procurement methods are in need of review in the context of the question of whether they are acceptable and sustainable within the constitutional framework. To this end, the article deals with the application, limitation and interpretation of the rights in the Bill of Rights and its interface with the various organ procurement methods in the context of a discussion of applicable legislation and relevant case law. It is argued that a constitutional analysis of the topic is indicative that the State has indeed failed to provide a proper or satisfactory legislative and regulatory framework to relieve the critical shortage of human organs available for transplantation, by ultimately failing to uphold the applicable constitutional rights and values as discussed.
Book Synopsis Legislative Responses to Organ Transplantation by : World Health Organization
Download or read book Legislative Responses to Organ Transplantation written by World Health Organization and published by Martinus Nijhoff Publishers. This book was released on 2023-08-28 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: Organ transplantation has, over a period of a few decades, evolved from a daring experimental medical procedure to a widely used health technology. Many lives have been saved, and the quality of life of many other persons has been immeasurably improved. There is now an abundant literature on the medical aspects of transplantation, and an increasing number of books on the legal and ethical aspects -- aspects with which WHO has been concerned since the World Health Assembly first took up the matter in 1986. This book is the first global collection of laws and regulations dealing with organ transplantation. Also included are the texts of some of the key international and European declarations and statements on the subject. Most of the materials that appear in the book were originally published in the WHO's International Digest of Health Legislation, but have never been collected in one volume before. This book will be useful to parliamentarians, health policy makers, surgeons and other health professionals involved in transplantation, transplant coordinators, ethicists, and others interested in in-depth information on how different governments and institutions have responded to the considerable ethical, legal and policy challenges posed by this important branch of curative medicine.
Book Synopsis Organ Transplantation in Religious, Ethical, and Social Context by : William R DeLong MDiv
Download or read book Organ Transplantation in Religious, Ethical, and Social Context written by William R DeLong MDiv and published by Routledge. This book was released on 2014-01-14 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enter the world of organ transplantation and develop a new understanding of processes and techniques for working effectively with patients in this increasing medical population. This multidisciplinary overview of organ transplantation contains chapters by major figures in the medical arena, internationally known bioethics writers, and experienced chaplains from the clinical setting of transplantation, as well as respected pastoral theologians. The authors, who include Art Caplan, Donald Capps, and Jack Copeland, explain transplantation completely for the nonmedical person and delve into the myriad ethical and religious issues and controversies surrounding organ donation and transplantation. Enlightening chapters clarify issues and help readers better understand the transplantation process, making them more effective in their work with transplant patients. Organ Transplantation in Religious, Ethical and Social Context is divided into three sections. The first emphasizes transplantation as a team effort. Chapters focus on the various roles of chaplains and other team members. Section two addresses ethical questions which arise from transplantation and organ donation and includes interfaith perspectives. The third section is dedicated to theological and pastoral views concerning transplantation. Some specific topics discussed in this book include: a surgeon’s perspective of the role of the chaplain influence of psychosocial factors in the heart transplantation decision process ministry to organ recipients and their families the special relationship between the transplant coordinator and the transplant patient Catholic and interfaith perspectives on organ donation using the Psalms as a pastoral resource with transplant patients Hospital chaplains, transplant social workers, transplant coordinators, and other professionals interested or involved in the process of organ transplantation will find this book to be full of interesting and thought-provoking insights and information.
Book Synopsis Organ Donation by : Institute of Medicine
Download or read book Organ Donation written by Institute of Medicine and published by National Academies Press. This book was released on 2006-08-24 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rates of organ donation lag far behind the increasing need. At the start of 2006, more than 90,000 people were waiting to receive a solid organ (kidney, liver, lung, pancreas, heart, or intestine). Organ Donation examines a wide range of proposals to increase organ donation, including policies that presume consent for donation as well as the use of financial incentives such as direct payments, coverage of funeral expenses, and charitable contributions. This book urges federal agencies, nonprofit groups, and others to boost opportunities for people to record their decisions to donate, strengthen efforts to educate the public about the benefits of organ donation, and continue to improve donation systems. Organ Donation also supports initiatives to increase donations from people whose deaths are the result of irreversible cardiac failure. This book emphasizes that all members of society have a stake in an adequate supply of organs for patients in need, because each individual is a potential recipient as well as a potential donor.
Book Synopsis Organ Procurement and Transplantation by : Institute of Medicine
Download or read book Organ Procurement and Transplantation written by Institute of Medicine and published by National Academies Press. This book was released on 1999-12-09 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each day, nearly 60 Americans receive a transplanted kidney, liver, or other organâ€"a literal "second chance at life"â€"but 11 others die waiting for an organ transplant. The number of donors, although rising, is not growing fast enough to meet the increasing demand. Intended to improve the current system of organ procurement and allocation, the "Final Rule," a 1998 regulation issued by the U.S. Department of Health and Human Services, sparked further controversy with its attempts to eliminate the apparent geographic disparities in the time an individual must wait for an organ. This book assesses the potential impact of the Final Rule on organ transplantation. It also presents new, original analyses of data, and assesses medical practices, social and economic observations, and other information on: access to transplantation services for low-income populations and racial and ethnic minority groups; organ donation rates; waiting times for transplantation; patient survival rates and organ failure rates leading to retransplantation; and cost of organ transplantation services.
Book Synopsis Paid Organ Donation and the Constitutionality of the National Organ Transplant Act by : John A. Robertson
Download or read book Paid Organ Donation and the Constitutionality of the National Organ Transplant Act written by John A. Robertson and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A person can buy a handgun for self-defense but cannot pay for an organ donation to save her life because of the National Organ Transplantation Act's (NOTA) total ban on paying “valuable consideration” for an organ donation. This article analyzes whether the need for an organ transplant, and thus the paid organ donations that might make them possible, falls within the constitutional protection of the life and liberty clauses of the 5th and 14th amendments. If so, government would have to show more than a rational basis to uphold NOTA's ban on paid donations. The article begins with an examination of Flynn v. Holder, a 2012 9th Circuit case, that found that NOTA ban paying for bone marrow donations by aspiration was constitutional under rational basis review, even though bone marrow was renewable tissue and donation involved comparable risks to the paid blood, sperm, and egg donations which are excluded from NOTA's ban. It then argues that some form of heightened scrutiny should apply to laws banning paid bone marrow, kidney, and cadaveric donations as well as bans on paid kidney and cadaveric donations. It bases that argument on the resurgence of constitutional interest in self-defense seen in the Second Amendment handgun cases and in a substantive due process right to life and liberty. Together those developments form the basis of a constitutional right of medical self-defense (a negative right to use a safe and established medical treatment when reasonably necessary to protect a person's life), despite the narrow test for recognition of new rights contained in Washington v. Glucksberg and Abigail Alliance v. Eschenbach. Applying heightened scrutiny to four situations involving paid organ donation, the article shows that banning paid donation may be rational based on speculation or conjecture about harm to donors, unsafe organs, crowding out of altruism, exploitation of the poor, or moral distaste at paying for body parts. But those concerns hardly satisfy the heightened scrutiny that interference with a person's right to life should require. A highly regulated private system of paying donors should be found constitutional when government is unwilling to act.
Book Synopsis An Analysis of the Doctrine of Presumed Consent and the Principles of Required Response and Required Request in Organ Procurement by : Etienne Jean Fourie
Download or read book An Analysis of the Doctrine of Presumed Consent and the Principles of Required Response and Required Request in Organ Procurement written by Etienne Jean Fourie and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The transplantation process establishes a three-phase structure namely, procurement, preservation and allocation of human organs and tissue. These three phases are co-dependent upon the successful completion of each individual phase within that structure. This dissertation focus specifically on the first phase of the transplantation process and endeavours to analyse the doctrine of presumed consent as applied in the procurement of human organs and tissue. Thereafter, the focus point is directed upon organ procurement incentives such as the principle of required response and required request that ensure the effective application of these systems should be interconnected with organ procurement systems. Finally, a capita selecta of issues pertaining to the final two stages of the transplantation process are investigated and proposed problem areas are reflected upon. The doctrine of presumed consent as an organ procurement system proposes that individuals who fail to raise an objection in respect of organ donation during their lifetime, will upon death be presumed that they provided consent to the removal of their organs. This system operates in absolute contrast to the doctrine of informed consent as applied in South African law, establishes that an ommissio to act would constitute an implicit statement of informed consent. The application of the doctrine of presumed consent can be classified as either a hard application or a soft application. A strong application declares that upon death a who failed to raise an objection to organ donation will be considered to given consent to organ procurement and any interference by the next-of-kin are disregarded. The weak application functions in a similar way than the hard application, with the exception that the next-of-kin has the right to override the decision. This dissertation analyses whether the element of consent in the doctrine of presumed consent can be classified as a justification ground as the doctrine of informed consent of whether it infringes upon section 12(2)(b) of the South African Constitution (Act 108 of 1996). To establish the true nature of the doctrine of consent, specific reference is made the duty of disclosure that rested upon the health practitioner to inform patients about information about a proposed treatment. Arguments are raised that the nature, scope and accessibility of information about issues relating to organ donation will determine if informed consent is present in the doctrine of presumed consent. The introduction of the doctrine of presumed consent as organ procurement system could provide South Africa with an essential framework to increase organ procurement and awareness about organ donation provided that sufficient information can be accessed in an easy and effective manner. The following concepts are analysed in the dissertation: The doctrine of presumed consent The principle of required response The principle of required request The doctrine of informed consent Organ procurement incentives Routine salvaging Organ procurement systems Organ preservation and safeguarding Organ allocation systems Human Tissue and organs The moment of death.
Book Synopsis The Most Useful Gift by : Jeffrey Prottas
Download or read book The Most Useful Gift written by Jeffrey Prottas and published by Jossey-Bass. This book was released on 1994 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: "There are more than fifteen thousand human organ transplants performed annually in the United States, and each year demand increases, outstripping the medical industry's ability to supply organs. Faced with this relative scarcity, policy makers and health care professionals are forced to question the basic policies of organ procurement. For example, should organ procurement continue to rely on voluntary donations? And are there organizational and policy solutions that could alleviate the continuing shortage of human organs?" "The Most Useful Gift, written for health care managers and policy makers, is the first comprehensive guide to understanding the challenges human organ procurement professionals face. In it, Jeffrey Prottas explains the organizational, technological, and social dynamics that make organ transplantation possible, and he offers specific suggestions on how to improve organ procurement and deal with the natural shortage of available human organs." "By tracing the progress of the field from its beginning, Prottas shows how organ procurement organizations (OPOs) have improved the delivery and efficiency of transplantation to the point where the average OPO today is more effective at procuring organs than the top 10 percent were in 1982." "Prottas explains which organizational innovations hold the best potential for increasing the supply of human organs. He shows how health care managers can increase the number of potential donors by making OPOs responsible for organ referrals, thereby avoiding the bottleneck effect that arises when doctors and nurses are chiefly responsible." "And finally, by examining the ethical issues that arise in the face of a limited organ supply, Prottas explores the numerous challenges policy makers and health care professionals must address and stresses the need for sound government policy and public funding to allay doctor and patient concerns about adequate treatment and equal access."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Author :United States. Congress. Senate. Committee on Appropriations. Subcommittee on Departments of Labor, Health and Human Services, Education, and Related Agencies Publisher : ISBN 13 : Total Pages :96 pages Book Rating :4.:/5 (51 download)
Book Synopsis Organ Donations by : United States. Congress. Senate. Committee on Appropriations. Subcommittee on Departments of Labor, Health and Human Services, Education, and Related Agencies
Download or read book Organ Donations written by United States. Congress. Senate. Committee on Appropriations. Subcommittee on Departments of Labor, Health and Human Services, Education, and Related Agencies and published by . This book was released on 1998 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law and Economics of Organ Procurement by : Firat Bilgel
Download or read book The Law and Economics of Organ Procurement written by Firat Bilgel and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law and Economics of Organ Procurement explores the legal and economic dimensions of various deceased and living organ procurement policies and investigates the effectiveness of current legislations related to deceased and living organ donations in the United States, Europe and other developed countries.
Book Synopsis Organ Shortage by : Anne-Maree Farrell
Download or read book Organ Shortage written by Anne-Maree Farrell and published by Cambridge University Press. This book was released on 2011-03-10 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Organ shortage is an ongoing problem in many countries. The needless death and suffering which have resulted necessitate an investigation into potential solutions. This examination of contemporary ethical means, both practical and policy-oriented, of reducing the shortfall in organs draws on the experiences of a range of countries. The authors focus on the resolution and negotiation of ethical conflict, examine systems approaches such as the 'Spanish model' and the US Breakthrough Collaboratives, evaluate policy proposals relating to incentives, presumed consent, and modifications regarding end-of-life care, and evaluate the greatly increased use of (non-heart-beating) donors suffering circulatory death, as well as living donors. The proposed strategies and solutions are not only capable of resolving the UK's own organ-shortage crisis, but also of being implemented in other countries grappling with how to address the growing gap between supply and demand for organs.
Book Synopsis Principles and Practice of Transplant Infectious Diseases by : Amar Safdar
Download or read book Principles and Practice of Transplant Infectious Diseases written by Amar Safdar and published by Springer. This book was released on 2019-06-13 with total page 1173 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive volume provides a platform from which both major and minor infectious diseases related issues are addressed in-depth among this highly susceptible population. The book begins with an overview of infections in various modalities. This is followed by chapters on clinical disorders, etiologic agents, therapeutics, and infection prevention. Chapters include easy-to-follow figures and tables, radiologic images, and pictorial demonstrations of various disease states to familiarize and reacquaint the transplant clinicians and surgeons in practice and training, and those belonging to subspecialties providing supportive care for these patients. Discussions to enumerate the noninfectious causes that mimic infectious diseases; clinical relevance and effective utility of existing and emerging diagnostic tools are presented throughout the book. Authored by leaders in their fields, this book is the go-to reference for management of patients undergoing hematopoietic and solid organ transplantation.
Book Synopsis Strengthening Forensic Science in the United States by : National Research Council
Download or read book Strengthening Forensic Science in the United States written by National Research Council and published by National Academies Press. This book was released on 2009-07-29 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.
Author :American Medical Association. Council on Ethical and Judicial Affairs Publisher :American Medical Association Press ISBN 13 : Total Pages :60 pages Book Rating :4.3/5 (91 download)
Book Synopsis Reports on Managed Care by : American Medical Association. Council on Ethical and Judicial Affairs
Download or read book Reports on Managed Care written by American Medical Association. Council on Ethical and Judicial Affairs and published by American Medical Association Press. This book was released on 1998 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ethics in the era of managed care This collection of AMA Council Reports from 1990 to 1997 examine a variety of ethical issues concerning managed care. Report topics include financial incentives to limit care, cost containment involving prescription drugs, restrictions on disclosure in managed care contracts, ethical issues in negotiating discounts for specialty care, capitation, and more. An analysis of current issues in medical ethics is also included.
Book Synopsis Ethics and the Acquisition of Organs by : T. M. Wilkinson
Download or read book Ethics and the Acquisition of Organs written by T. M. Wilkinson and published by Issues in Biomedical Ethics. This book was released on 2011-11-24 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transplantation is a medically successful and cost-effective way to treat people whose organs have failed--but not enough organs are available to meet demand. T. M. Wilkinson explores the major ethical problems raised by policies for acquiring organs. Key topics include the rights of the dead, the role of the family, and the sale of organs.
Book Synopsis Justice and Health Care by : Andrew Grubb
Download or read book Justice and Health Care written by Andrew Grubb and published by . This book was released on 1995 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ninth volume in the series of King?s College Studies demonstrates the essential need for interplay between law, economics, political science and moral philosophy when formulating health policy. It addresses the issue of justice in the provision of health care by examining the problems faced in the American health care system, such as discrimination against ethnic and disabled groups, and the correlation between wealth and health. Subsequently it broadens the debate by turning to consider approaches in other health care systems such as those in the UK and Canada. This thought-provoking collection constitutes a useful and informative reference source that will be of particular interest to medical and health care practitioners across all specialties, philosophers, medical sociologists, health economists and lawyers.
Download or read book Super PACs written by Louise I. Gerdes and published by Greenhaven Publishing LLC. This book was released on 2014-05-20 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: The passage of Citizens United by the Supreme Court in 2010 sparked a renewed debate about campaign spending by large political action committees, or Super PACs. Its ruling said that it is okay for corporations and labor unions to spend as much as they want in advertising and other methods to convince people to vote for or against a candidate. This book provides a wide range of opinions on the issue. Includes primary and secondary sources from a variety of perspectives; eyewitnesses, scientific journals, government officials, and many others.
