The Shortage of Organs for Transplantation

Abstract

...I believe there is a way to take advantage of the benefits of\npresumed consent while avoiding its associated problems. As previously\nsuggested, present law could be amended so that all applications for a\ndriver's license would require an answer to the following question: Would you\nobject to having your organs removed for transplantation after your death? \nThe motor vehicle handbook of each state would include a short section\ninforming applicants that the question will be asked, must be answered, and\nwhy. The answer would be clearly marked on all newly issued or renewed\nlicenses. A simple procedure would allow one to indicate a change of mind\nwith a written directive. Under such a system of mandated choice, no central\nregistry of objections would be needed, since the vast majority of adults in\nthe United States who could serve as donors carry a driver's license. When\norgans were collected, the family would be notified, but would not be involved\nin the decision-making process unless the deceased person did not have a\ndriver's license. In such cases, only objections would be sought. In this\nregard, it should be emphasized that the majority of members of the public, in\nagreement with the Uniform Anatomical Gift Act, believe that the next of kin\nshould not be able to override a potential organ donor's wishes. To ensure\nthat all potential donors are identified, the law would also require hospital\npersonnel to search for a person's license at or near the time of death. \nBarring an earlier objection, all cadavers would have to be referred to\norgan-procurement personnel for consideration for donation.