"Progressive" Lawmaker Wants Presumed Organ Donation Consent

Patranus

Diamond Member
Apr 15, 2007
9,280
0
0
ALBANY, N.Y. -- A New York assemblyman whose daughter is alive because of two kidney transplants wants his state to become the first in the nation to pass laws that would presume people want to donate their organs unless they specifically say otherwise.

Assemblyman Richard Brodsky believes the "presumed consent" measures would help combat a rising demand for healthy organs by patients forced to wait a year or more for transplants. Twenty-four European countries already have such laws in place, he said.

If he succeeds, distraught families would no longer be able to override their loved ones' decisions to donate upon their death. And eventually, hospitals would be able to assume the deceased consented to have his or her organs harvested, unless the person refused in writing.
EDIT: Ooops - Link - http://www.washingtonpost.com/wp-dyn/content/article/2010/04/27/AR2010042703867.html


Isn't this "progressive" land we now live in wonderful?

I mean now your body will become property of the government.
 
Last edited:

BoberFett

Lifer
Oct 9, 1999
37,562
9
81
Can't get too upset about this one. It's just another part of proper estate planning. Just like your accumulated wealth, if you don't plan for what happens to it after your death I have no problem with the government claiming it.
 

Thump553

Lifer
Jun 2, 2000
12,837
2,622
136
Is such a law causing any problem in Europe? The shortage of transplantable organs is a huge problem, having an opt-out versus an opt-in system seems like a good common sense solution to me.

We are all going to die someday, it's an irrefutable fact. But I know for a fact (from the will drafting part of my practice) that many, many people put off decisions like this repeatedly.

How about the present practice of allowing the family to override the deceased's check-off election to permit donation? Isn't that an infringement on individual rights?

Claiming this constitutes the government owning your body an excellent tea party slogan, but personally I don't care all that much about empty doctrinaire posturing.
 

MotF Bane

No Lifer
Dec 22, 2006
60,801
10
0
I don't have too much problem with it... except this makes your body, by default, the property of the government upon your death. :/
 

halik

Lifer
Oct 10, 2000
25,696
1
0
I hear that statistically doctors spend less time trying to revive people with those organ donor things on their licenses, so no thanks.

I certainly don't want to incentivise anyone to focus on my organs moreso than on me
 

nonlnear

Platinum Member
Jan 31, 2008
2,497
0
76
I hear that statistically doctors spend less time trying to revive people with those organ donor things on their licenses, so no thanks.

I certainly don't want to incentivise anyone to focus on my organs moreso than on me
Do you have a link? I'd like to know if such a result was based on a broad survey (i.e. tracking only the measures taken and organ donor preference) or if it controlled for individual choices and directives.
 

Exterous

Super Moderator
Jun 20, 2006
20,569
3,762
126
Is such a law causing any problem in Europe? The shortage of transplantable organs is a huge problem, having an opt-out versus an opt-in system seems like a good common sense solution to me.

Yeah - I am ok with this too - as long as the process to opt out is easy and straight forward
 

halik

Lifer
Oct 10, 2000
25,696
1
0
Do you have a link? I'd like to know if such a result was based on a broad survey (i.e. tracking only the measures taken and organ donor preference) or if it controlled for individual choices and directives.

I tried googling for it, but have hard time filtering studies that look at the donation outcome vs heart resuscitation time.
 
Dec 10, 2005
28,248
12,950
136
I hear that statistically doctors spend less time trying to revive people with those organ donor things on their licenses, so no thanks.

I certainly don't want to incentivise anyone to focus on my organs moreso than on me

I'm calling bullshit on that.

Q: Will my decision affect my medical care?
A: No. There are strict legal guidelines that must be carefully followed before brain death can be declared and organs removed. The doctors who treat a patient at the time of death are in no way involved with those responsible for organ removal. Organ donation is considered only after every effort has been made to save the patient's life.
http://www.donatelifeny.org/organ/o_donationfacts_faq.html

And this: http://www.mayoclinic.com/health/organ-donation/fl00077

Now, there might be an unethical doctor buried somewhere in the haystack, but to make such a sweeping generalization about the system is absurd.
 
Last edited:

Mani

Diamond Member
Aug 9, 2001
4,808
1
0
Can't get too upset about this one. It's just another part of proper estate planning. Just like your accumulated wealth, if you don't plan for what happens to it after your death I have no problem with the government claiming it.

Agreed.
 

halik

Lifer
Oct 10, 2000
25,696
1
0
I'm calling bullshit on that.


http://www.donatelifeny.org/organ/o_donationfacts_faq.html

And this: http://www.mayoclinic.com/health/organ-donation/fl00077

Now, there might be an unethical doctor buried somewhere in the haystack, but to make such a sweeping generalization about the system is absurd.


I think that stuff was regarding non-heart-beating donation, where the ER personnel makes on a call on when to stop the resuscitation. There's certainly an agent problem with that set up.

http://www.medscape.com/viewarticle/563803

As a motorcycle rider, I was always very cognizant of the possibility of severe trauma to myself and didn't want to incentivise anything of that sort. I asked a couple of my med school friends and they all said that it's very plausible.
 
Last edited:

her209

No Lifer
Oct 11, 2000
56,336
11
0
So basically he wants this:
[ ] check this box if you want to be an organ donor

change to:
[ ] check this box if you don't want to be an organ donor

:D
 

Patranus

Diamond Member
Apr 15, 2007
9,280
0
0
The problem is the this law illustrates the fact the "progressives" in government feel entitled to ones organs.

Why should I be suprised, it's not like "progressives" in government don't feel entitled to ones other property ;)
 

Schadenfroh

Elite Member
Mar 8, 2003
38,416
4
0
Can we include mandatory organ harvests on prisoners condemned to death that are not diseased?

Logically, I am for this, emotionally, I am not so sure. Are banks still allowed to presume that you want overdraft protection?
 

CPA

Elite Member
Nov 19, 2001
30,322
4
0
Can't get too upset about this one. It's just another part of proper estate planning. Just like your accumulated wealth, if you don't plan for what happens to it after your death I have no problem with the government claiming it.


jeez louis. Why is it that I have to specifically state that my body be buried? Shouldn't that be the presumption?
 

Modelworks

Lifer
Feb 22, 2007
16,240
7
76
They wouldn't want mine. I can see the doctors now
What the hell is that thing ?
How did he live with those ?
His blood looks like liquid motor oil !
Oh my, get that thing, err body, out of here!
 

Hacp

Lifer
Jun 8, 2005
13,923
2
81
I have a novel idea. How about we let people sell their rights to their own dam organs? Then government won't have to steal it.
 

Throckmorton

Lifer
Aug 23, 2007
16,829
3
0
The problem is the this law illustrates the fact the "progressives" in government feel entitled to ones organs.

Why should I be suprised, it's not like "progressives" in government don't feel entitled to ones other property ;)

Organ donation is pro-life. This would save lives, so I support such a law... Once you're dead you don't have any rights, especially to organs you no longer need.
 

surfsatwerk

Lifer
Mar 6, 2008
10,110
5
81
It's a comfort to see the government taking action for the welfare of the living, rather than worrying about drooling vegetables or unrecognizable clumps of cells that may become humans.