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Emily Carroll and Parker Crutchfield propose a new inconsistency argument against abortion restrictivism. In response, I raised several objections to their argument. Recently Carroll and Crutchfield have replied and seem to be under the impression that I’m a restrictivist. This is puzzling, since my criticism of their view included a very thinly veiled, but purposely more charitable, anti-restrictivist inconsistency argument. In this response, I explain how Carroll and Crutchfield mischaracterize my position and that of the restrictivist.
The administration of Pre-Mortem Interventions (PMIs) to preserve the opportunity to donate, to assess the eligibility to donate, or to optimize the outcomes of donation and transplantation are controversial as they offer no direct medical benefit and include at least the possibility of harm to the still-living patient. In this article, we describe the legal analysis surrounding consent to PMIs, drawing on existing legal commentary and identifying key legal problems. We provide an overview of the approaches in several jurisdictions that have chosen to explicitly address PMIs within codified law. We then provide, as an example, a detailed exploration of how PMIs are likely to be addressed in one jurisdiction where general medical consent law applies because there is no specific legislation addressing PMIs — the province of Ontario in Canada.
This chapter considers the role of rights in decisions concerning the health of children who are not yet competent to consent to their own medical treatment. The medical treatment of children is particularly contentious in cases involving disagreement between parents and medical professionals over the provision of life-sustaining treatment. These fraught disputes have often become a site of disagreement over the extent of parental freedom and state intervention in determining children’s best interests. Despite the obvious implications for the child’s own rights to life and bodily integrity, those rights rarely play an overt role in such decisions. A further area of contention is in the extent of parental discretion to consent to non-therapeutic intervention, such as tissue donation or circumcision. These decisions are again treated primarily as a matter of parental discretion; in practice, again the law is content to tolerate significant intervention without adequate protection for the child’s own rights.
Focusing on Maylis de Kerangal’s 2014 novel, The Heart, this chapter explores the bioethical, temporal, and narrative implications of the reinvention of death as brain death and of the consequent development of organ transplantation therapies.
Kidney failure is a major killer. Many lives could be saved through organ donation if people were less reluctant to part with their spare kidney. Should we incentive donation by paying people to do it?
Palliative medicine focuses on maximizing the quality of life of patients with serious illnesses. For many patients in the critical care setting, the best medical treatments and technologies are unable to reverse advanced disease processes, as evidenced by the fact that 20% of Americans died in or after ICU care. Even when treatments can prolong life, they may not ultimately allow patients to achieve a quality of life acceptable to them. Functional and cognitive independence are highly valued by patients and yet most chronically, critically ill patients never live independently again. Honest, transparent, empathetic communication is the cornerstone of determining how to deliver effective, patient-centered medical care for these patients.
Libertarian paternalists argue that psychological research has shown that intuition is systematically flawed and we are hardly educable because our cognitive biases resemble stable visual illusions. Thus, they maintain, authorities who know what is best for us need to step in and steer our behavior with the help of nudges. Nudges are nothing new; justifying them on the basis of a latent irrationality is. Technological paternalism is government by algorithms, with tech companies and state governments using digital technology to predict and control citizens’ behavior. This philosophy claims first that AI is, or soon will be, superior to human intuition in all respects; second, people should defer to algorithms’ recommendations. I contend that algorithms and big data can outperform humans in tasks that are well-defined and stable, e.g., playing chess and working on assembly lines, but not in ill-defined and unstable tasks, e.g., finding the best mate and predicting human behavior. Misleadingly, the “dataist” worldview promotes algorithms as if these were omniscient beings and so people should allow them to decide for the good of each what job to accept, whom to marry, and whom to vote for.
Policy makers should understand people’s attitudes towards opt-out nudges to smoothly promote and implement the policies. Our research compares people’s perceptions of opt-in and three improved versions of opt-out (transparency, emphasis on the low-cost opt-out option, education) in pro-social and pro-self policy domains, e.g., organ donation (N=610), carbon emission offset (N=613), and retirement saving (N=602). We found that people acknowledged more practical and societal benefits of opt-out than opt-in in organ donation and retirement saving but less so in carbon emission offset. Improved opt-out policies failed to address ethical concerns and most emotional discomfort concerns in organ donation whereas opt-out transparency and emphasis on low-cost opt-out were more successful than education at addressing concerns in retirement saving and carbon emission offset. Nonetheless, transparency and education may raise consciousness of policies’ aims. The results suggest that 1) acceptability of opt-out approaches may be more difficult to enhance in some domains than others; 2) policy makers should ensure the public understands that opt-out is a convenient choice and may consider combining all forms of improvement to increase people’s acceptance of opt-out nudges.
Distrust of health care system or providers can affect a patient’s decisions concerning whether to seek medical care, how openly to share health concerns, and how closely to follow a provider’s advice. A person’s health literacy and understanding of disease can also shape their interactions with medical professionals. Some analyses of racial health disparities have considered how patient “preferences” and behavior might contribute to those disparities or provide a basis for doctors’ stereotypes of Black patients as “noncompliant.”1 Various initiatives have sought to increase the trust that Black people or those from other marginalized communities place in medicine, approaching patients’ low trust levels as if they were a vitamin deficiency that needed correcting.
Organ shortage is a major survival issue for millions of people worldwide. Globally 1.2 million people die each year from kidney failure. In this paper, we critically examine and find lacking extant proposals for increasing organ supply, such as opting in and opt out for deceased donor organs, and parochial altruism and paired kidney exchange for live organs. We defend two ethical solutions to the problem of organ shortage. One is to make deceased donor organs automatically available for transplant without requiring consent from the donor or their relatives. The other is for society to buy nonvital organs in a strictly regulated market and provide them to people in need for free.
Some people oppose abortion on the grounds that fetuses have full moral status and thus a right to not be killed. We argue that special obligations that hold between mother and fetus also hold between parents and their children. We argue that if these special obligations necessitate the sacrifice of bodily autonomy in the case of abortion, then they also necessitate the sacrifice of bodily autonomy in the case of organ donation. If we accept the argument that it is obligatory to override a woman’s bodily autonomy for the sake of an unborn child’s survival, we must continue to override the bodily autonomy of parents to ensure the survival of their living children, until the parent no longer has a special obligation to their child to the same degree as their special obligation to the fetus. And if the life of a child is truly more important than the bodily autonomy of its parents, as must be the case to force women to carry unwanted pregnancies to term, this should remain true until such a time that their children are no longer considered their responsibility. Thus, parity of reasoning suggests that policies compelling the gestation of a fetus should be accompanied by policies compelling organ donation.
The growing unmet demand for suitable organ donors increases each year. Despite relative contraindications for thoracic organ donation after previous cardiac surgery, experienced programmes and surgeons can successfully utilise the lungs from select donors who have undergone prior cardiac surgery. This is the first reported case of double lung en bloc procurement from a donor who had a previous arterial switch operation as an infant.
The primary purpose of this statement is to improve neuroprognostication after devastating brain injury (DBI), with a secondary benefit of potential organ and tissue donation.
A significant gap exists between people awaiting solid organ transplantation and solid organ donors. The purpose of this study was to determine whether there were missed donors in the emergency department (ED).
Methods
We performed a health records and organ donation database review of all patients dying in a large tertiary ED from November 1, 2014 to October 31, 2017 at two campuses with 160,000 visits per year. Demographic and donor suitability data were collected. The primary outcome was missed potential solid organ donors. Missed potential donors were intubated, had a pulse, and had no donation contraindications. The secondary outcome was cases where no notification was made to the organ donation organization at all.
Results
There were 605 deaths in the ED. Patients had a mean age of 71.1 years, 58.3% were male, and 12.4% died of a traumatic cause. There were 10 missed potential donors. Missed potential donors had a mean age of 67.4 years, 70.0% were male, and 20.0% died from trauma. In all 10 cases, patients had withdrawal of life-sustaining therapy for medical futility, and referral for donation occurred after death. Missed ED donors could have increased hospital-wide donation up to 10.6%. No notification was made in 12 (2.0%) cases; however, none of these would have been successful solid organ donors.
Conclusion
The ED is a source of missed organ donors. All potential donors were missed due to referral after withdrawal of life-sustaining therapy. ED physicians should consider the possibility of solid organ donation prior to the withdrawal of life-sustaining therapy.
A significant gap exists between people awaiting an organ transplant and organ donors. The purpose of this study was to determine what percent of successful donors come from the emergency department (ED), whether there are any missed donors, and to identify factors associated with successful and missed donation.
Methods
This systematic review used electronic searches of EMBASE, MEDLINE, and CINAHL according to PRISMA guidelines on July 7, 2017. We included primary literature in adults describing successful and missed organ donation. Two authors independently screened articles, and discrepancies were resolved through consensus. Quality was assessed using the STROBE checklist.
Results
This systematic review identified 1,058 articles, and 25 articles were included. For neurologic determination of death, ED patients comprised 4%–50% of successful donors and 3.6%–8.9% of successful donors for donation after circulatory determination of death. ED death reviews revealed up to 84% of missed neurologic determination of death, and 46.2% of missed circulatory determination of death donors who died in the ED are missed due to a failure to refer for consideration of organ donation. Clinical heterogeneity precluded pooling of the data to conduct a meta-analysis.
Conclusions
The ED is a source of actual and missed donors. Potential donors are often missed due to incorrect assumptions regarding eligibility criteria and failure of the healthcare team to refer for consideration of donation. ED healthcare professionals should be aware of organ donation referral protocols at their institution to ensure that no organ donors are missed.