Deceased organ donation is widely considered as a case of easy rescue―that is, a case in which A may bestow considerable benefits on B while incurring negligent costs herself. Yet, the policy implications of this observation remain unclear. Drawing on Christopher H. Wellman’s samaritan account of political obligations, the paper develops a case for a so-called opt-out system, i.e., a scheme in which people are defaulted into being donors. The proposal’s key idea is that we may arrange people’s options in (...) specific ways for the sake of others. (shrink)

Organ donation after cardiac or circulatory death (DCD) has been introduced to increase the supply of transplantable organs. In this paper, we argue that the recovery of viable organs useful for transplantation in DCD is not compatible with the dead donor rule and we explain the consequential ethical and legal ramifications. We also outline serious deficiencies in the current consent process for DCD with respect to disclosure of necessary elements for voluntary informed decision making and respect for the donor's autonomy. (...) We compare two alternative proposals for increasing organ donation consent in society: presumed consent and mandated choice. We conclude that proceeding with the recovery of transplantable organs from decedents requires a paradigm change in the ethics of organ donation. The paradigm change to ensure the legitimacy of DCD practice must include: (1) societal agreement on abandonment of the dead donor rule, (2) legislative revisions reflecting abandonment of the dead donor rule, and (3) requirement of mandated choice to facilitate individual participation in organ donation and to ensure that decisions to participate are made in compliance with the societal values of respect for autonomy and self-determination. (shrink)

Recent psychological research concerning determinantsof and barriers to organ donation is reviewed with theintention of ascertaining acceptable and potentiallyeffective ways of improving organ retrieval. On thebasis of this review, five recommendations are made.(1) Individuals' donation wishes, where explicit,should be decisive. (2) Next of kin should witnessdonor decisions. (3) Mandated choice should replacevoluntary `opting-in'. (4) Initial donation choicesshould be repeatedly re-evaluated. (5) Those involvedin organ procurement should distance themselves frommodel of bodies as machines or gardens and embracemodels where bodies are viewed (...) as sacred extensions ofself. In combination, these recommendations are arguedto be preferable in several ways to opt-out/presumedconsent procurement options. (shrink)