Discussion about the organ transplantation: An irreconcilable conflict

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Discussion about the organ transplantation: An irreconcilable conflict

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Abstract

According to the United Kingdom (UK) Transplant website , 9000 people in this country are currently in need of an organ transplant. However less than 3000 transplants are performed each year. What is true at the scale of the UK is also verified worldwide. There is an important lack of organs. Transplantation seems to be a sort of a medical miracle . In brief it consists of receiving organs from someone else to make them ours. More specifically organ transplant is the transfer of an entire organ from a donor person alive or already dead to a recipient. The transplantation implies connecting the new organ to the nervous and circulatory systems of the recipient. Performing such an operation is, most of the time, a question of life saving, the unique chance for the patient to survive. In some cases however it can also be used to improve the comfort life of a patient. This is particularly true in the case of cornea transplant.

Life is not threatened by the disease but people can have their life improved by having their sight restored. However, organ donation should not be confused with the donation of body products such as sperm and eggs. Indeed these donations do not distort the body definitively whereas the organ donation does. Even though, the question of the In Vitro Fertilization (IVF) viewed as organ transplantation could be discussed.

Introduction
The evolution of the technique of transplantation
Conflict in the current legal regime
The threat for human autonomy
The legal regulations in respect to transplantation
Setting up an ethical market for organ transplantation
Conclusion
Bibliography

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[...] Also, agreeing or not with organ donation is a question of beliefs and there are different points of view according to the various religions. Buddhism adopts a neutral attitude whereas Islam or Judaism accepts the donation of organs if it is for saving a life[18]. In addition there is a philosophical difference between organ donation for saving life and for medical research or educational purposes. This topic relies on people's perception and conceptions of life. This is why there is no way organ donation could become compulsory. [...]

[...] (1995) Ethical Debate: Elective ventilation of potential organ donors” BMJ 310 pp714-715 Robertson, J. (1990) ethical acceptability of foetal tissue transplants” Transplant Proceedings 22:1025 -Cases Gillick v West Norfolk and Wisbech Area Health Authority [1986] AC 112 -Statutes Human Organ Transplants Act 1989 ch.31 Human Tissue Act 2004 ch.30 -Websites http://www.uktransplant.org.uk/ http://www.uktransplant.org.uk/ Morris, P.J. (2004) “Transplantation A Medical Miracle of the 20th Century” New England Journal of Medicine 351(26): pp2678-80. Herring, J. & Chau P-L. (2007) Body, Your Body, Our Bodies” Medical Law Review 15 Ibid Ibid Herring J. [...]

[...] The Human Tissue Act was expected to give a clear guidance about the ownership of bodily material but it did not solve this ethical question[6]. Before going further it is essential to consider the different possible categories of the donors because the law requires different conditions to let them donate their organs. According to the Human Tissue Act 2004, when organs are removed from a deceased, the consent or the non-consent of the potential donor can be made through three sources[7]. [...]

[...] There are various differences between the donors because the legislation aimed at maintaining the idea that organ donation is not a simple gift but requires that the patient giving it many thoughts. It is a noteworthy that a child can be recognized competent to decide whether or not he/she is ready to do this donation. Adapting the law to the various situations is worth it to respect the patients' rights and freedom of choice but the Parliament is unable of bringing a satisfying response to the wide range of medical situations. [...]

[...] For example, xenotransplantation where an organ of another species is transferred to a human patient has been achieved [27].Strict guidelines are edited but the goal is for sure to make it a viable procedure. Bibliography -Book Herring J. (2008) Medical law and ethics” Oxford University Press -Journal Article Cartwright, W. ( 1996 ) Pig, The Transplant Surgeon and The Nuffield Council” 4 Medical Law Review pp250-269 Erin & Harris, ( 2003) ethical market in human organs” 29 Journal of Medical Ethics pp137-138 Gannon, W. [...]

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