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Presumed Consent:

Who Gets Your Organs?

March, 2001

 

“The road to Hell is paved with good intentions.” –

Unknown

 

            At least I couldn’t pin the expression down with any certainty, so I’ll chalk it up to good old “Anonymous.”  Whatever the source, it makes a point.

            For instance it’s hard to argue against any reasonable effort to increase the number of organ donations.  Transplant technology has come a long way in recent years, with rejection rates down and survival up; transplants of some organs, such as kidneys, have become routine.  Unfortunately the need far outstrips the supply and shortages are critical.  CBS News reports that 72,000 Americans are in dire need of the procedure, while 6,000 died waiting last year alone.  The tragedy is compounded by the number of potential donors who pass on each year with their wishes unknown. 

A long-term disease might give one time to plan, but it can also make organs unsuitable for transplant.  Donor candidates usually die suddenly, often due to head trauma or other injuries that leave most organs undamaged.  When donors’ intentions are not clear, their families are faced with a difficult choice at a horrible time.  One can hardly fault any decision made in such grief.

            Still, public information campaigns have made us more aware of the need and eased much of the stigma once attached to organ donation.  Donor cards are easily available through state departments of motor vehicles, but a significant gap still exists.  How to close it has long been a debate in medical circles.

            Which is where the good intentions come in.  Hell, on the other hand, can be found in legislation.  To address the shortage, the Texas state legislature is currently considering the notion of “presumed consent,” whereby any adult who has not signed a statement opting out is deemed to be a fully consenting organ donor. 

            This crosses the line from misguided to just plain wrong.  For the record I am a card-carrying organ donor, which I am a tad queasy about spilling to certain readers, but I’ll take my chances.  I signed up shortly after consent cards were first made available by the California DMV for no grander reason than it’s a simple, painless way to help someone in need.  Further, I have no contradictory beliefs.

However that doesn’t describe everyone.  Several religions forbid the transfer of blood or organs, or even the use of modern medicine at all.  There are also plenty of folks without a religious thought in their heads who simply find the idea creepy.  And even if you do sign the form, you better be sure you don’t leave home without it. 

Implicit in “presumed consent” is presumed knowledge.  You cannot honestly conclude that someone has agreed to be a donor unless you also believe they are aware they have done so.  Let’s face it: A lot of people can’t identify the governor of their state or their representatives, much less the mischief they get into.  In fact I suspect that proponents of this type of legislation are counting on a certain degree of ignorance.  Though generally a safe bet, the tactic is no nobler for it.

This is not the first attempt to legislate good intentions.  At the risk of alienating those who are with me so far, consider Oregon’s new laws to open adoption records and allow doctor-assisted suicide, and the gun control laws of many states.  The first broke long-standing promises to birth parents and risks discouraging future adoptions, the second resulted in suicides largely for reasons other than severe pain as intended, while the last has no demonstrated effect on those most likely to break the law in the first place.

As much as I support organ donation, mandating it as anything other than a conscious choice is another matter.  One person’s need, no matter how urgent, does not create an obligation on the part of others to fill it, even from ignorance.  Let’s keep it that way.

 

© 1997- 2002 Brent Morrison

 

 

 

 
 

 

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