4/29/2013 1 ORGAN DONATION & TRANSPLANTATION Introduction Definition History Live Donors Dead/Cadaveric Donors INTRODUCTION (original) (raw)

Legal and ethical aspects of organ donation and transplantation

Indian Journal of Urology, 2009

kidney donation from economically weaker sections started taking place with commerce in organ donation becoming an acceptable integral part of the program. After this was accepted, the ethics of transplants in India has always been on a slippery slope and all kinds of nefarious activities were accepted as normal practice. The general dictum was "when you can buy one why donate?" The next 10 years saw an outcry from the physicians of the western world at the growing numbers of these exploitative transplants being done in India. There were also protests from many sections in India. The pressure on the Government saw the passing of the Transplantation of Human Organ Act (THO) legislation that made unrelated transplants illegal and deceased donation a legal option with the acceptance of brain death. [1] Overcoming organ shortage by tapping into the pool of brain-dead patients was expected to curb the unrelated transplant activity. The last decade has seen

Ethical considerations related to organ transplantation and Islamic Law

International Journal of Surgery, 2006

With the increasing number of transplantable organs and tissues, as well as improvements in transplantation results, has come a severe shortage of organ donors. Organs for transplantation are usually obtained from living genetically related donors or from heart-beating cadavers. Unfortunately, these sources have so far been unable to keep up with demand. As a result, there is a large and steadily increasing number of potential recipients awaiting transplantation, some of who will die before an organ can be found. These trends have raised many ethical, moral, societal and in particular religious (Islamic Law) issues regarding supply, the methods of organ allocation, and use of living donors. Several ethical dilemmas regarding case selection, allocation within the law, medical problems, and economic sources have now to be confronted. Despite this, the legal framework regulating transplantation in Iran was recently enhanced in comparison to other Islamic countries.

Organ transplants from living donors - halachic aspects

Rambam Maimonides medical journal, 2011

This manuscript is a survey of the halachic attitudes toward organ transplant procedures from a living donor which can be defined as life-saving procedures for the recipient or at least life-prolonging procedures. Three fundamental problems concerning the halachic aspects of such transplantation are discussed in detail: the danger to the donor, donation under coercion, and the sale of organs and tissues. The terms "halacha" and "Jewish law" are defined in the introduction.

Law and medical ethics in organ transplantation surgery

Annals of The Royal College of Surgeons of England, 2010

This article in the series describes how UK law and medical ethics have evolved to accommodate developments in organ transplantation surgery. August committees have formulated definitions of the point of death of the person which are compatible with the lawful procurement of functioning vital organs from cadavers. Some of the complexities of dead donor rules are examined. Live donors are a major source of kidneys and the laws that protect them are considered. Financial inducements and other incentives to donate erode the noble concept of altruism, but should they be unlawful?

LEGAL FRAMEWORK , ISSUES AND CHALLENGES OF ORGAN DONATION FROM LIVING DONORS IN INDIA

Abstract: This paper gives insights into living organ donation practices in India in context of the Transplantation of Human Organs Act (THOA) 1994 and its amended version –Transplantation of Human Organs (THO) amendment Act -2011.The paper classifies “Known Living Donors ”into “near relatives” and “other than near relatives” and “Unknown Living Donors” as “altruistic”, “quasi-altruistic” and “non-altruistic” organ donors and discusses their nuances and subtleties. The paper delves into multiple roles of “Competent Authority” and “Authorization Committees” in ensuring that no commercial consideration, pressures and coercion is involved in living organ donation and transplantation. The role of “Appropriate Authority” in issuing licenses to retrieval and transplant hospital is briefly described. This paper deliberates upon some issues like infrastructural and manpower limitations for live organ donations in Government sector; non-availability of comprehensive data on risk assessment for living donors, gender bias, role of the “Authorization Committees”, misuse of modern technology by unscrupulous elements which leads to over-cautious approach by the health system, lack of concern for futuristic health problems of the donors , exorbitant costs of transplant as well as post- transplant and lack of focus on living organ donation. Motivating all Indian States to adopt Transplantation of Human Organs (THO) amendment Act-2011 and Transplantation of Human Organs and Tissue (THOT) Rules 2014 that has extended the list of near relatives and permitted swap transplants, registering more people for running swap and domino chains, preventing private hospitals from ensnaring patients and relatives, and focusing on living donation as well are some of the challenges that are briefly explained in this paper. This paper shows the way ahead in addressing these issues and meeting the challenges. It also describes the important role played by National Organ Transplant Programme (NOTP) and National Organ and Tissue Transplant Organization (NOTTO) in India.

The Legal Guideline for Organ Transplantation and Therapeutic Tissue Removal

Journal of Dhaka Medical College, 2010

Organ transplantations have caused profound changes in saving the life in current days. Also raised several questions in the legal and ethical ground.In this paper we discussed legal considerations, donation procedures, death determination, diagnosis of brain death and organ transplantation act of Bangladesh. Key words: Legal guideline; organ transplantation; therapeutic tissue removal. DOI: 10.3329/jdmc.v18i2.6282 J Dhaka Med Coll. 2009; 18(2) : 174-177

Legal and ethical dimensions of organ transplantation: A comparative report from Turkey

Romanian Journal of Legal Medicine, 2016

As the debate about organ transplantation continues worldwide, legal regulations are critically important to managing the ongoing process. Issues related to living donors, cadaver donation, economic incentives, brain death, and a variety of factors such as human nature and the sociocultural, religious, and transcultural dimensions make organ donation an important topic in medical ethics. Current debates relate mostly to the prohibition of commercialization and increasing donation on a voluntary basis. Enforcement of the first laws regarding organ and tissue preservation and transplantation began in the 1970s generally and in 1979 in Turkey, which was quite early compared to European countries. Our aim was to identify the divergence points that play a critical role in healthy decisions for organ transplantation. Our hypothesis is that either coercion or 'mis-untrue' informed consent is a possible obstacle. In this study, we analyzed two cases from clinical observation and carried out a small field study relevant to the topic in Turkey. Legislative limitations and authentic viewpoints are discussed in a comparative manner and a global context. In different parts of the world, sociocultural, transcultural, religious, and economic factors, hidden coercion, or mis-untrue informed consent might cause some vulnerable members of families to donate organs involuntarily or vice versa. These issues create ethical dilemmas and also a basis for legislative discussions.

ORGAN TRANSPLANTATION IN INDIA; LEGAL AND ETHICAL ASPECTS

INDIAN JOURNAL OF APPLIED RESEARCH, 2019

Background: The Organ transplantation is one of the greatest medical marvels of the twentieth century. The readiness of a person to donate his/her organs made the concept of transplantation, a life saving treatment as well as a symbol human solidarity. Currently there is a huge gap in the need and supply of organ transplantation. The Transplantation of Human Organs and Tissues Rules which was enacted in the year 2011 by Govt. of India clearly describes the rules, regulations and measures to be adapted for bridging the above said gap. This article reviews the current norms prevailing in India with regard to organ transplantation. Methods: In this review the different databases such as PubMed, were searched for articles related to organ transplantation. Additionally information also was obtained from the Press Information Bureau, Govt. of India, official websites of NOTTO (National Organ and Tissue Transplant Organisation) and Mohan Foundation. Summary: Currently in India 2 to 3 lakh patients are waiting for different organ transplantations against which only 25000 organs (approximately) are available. Therefore, considering the need of organ transplantation there is a need to review the policies and regulations pertaining to organ transplantation in the country.