✯✯✯ A Summary Of Organ Donation

Friday, September 17, 2021 5:48:33 AM

A Summary Of Organ Donation



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What Actually Happens To Your Body When You Donate Your Organs?

He testified that when he found the first kidney unacceptable owing to the aneurysm the tissue-typing lab was performing other tests, reconfirming the blood group, retesting plaintiff's tissue and running cross-matching 2. About 12 hours after discovering the aneurysm, Dr. Burke learned of the positive cross-match which, he said, would have prevented the successful transplant of either kidney. Defendants also submitted an affidavit from Dr. Robert S. He reviewed the histocompatibility 3 studies for the proposed transplant and concluded that plaintiff was an inappropriate donee for either of Peter's kidneys and that any attempt at transplant would result in "hyperacute rejection" by plaintiff. Plaintiff's antibodies, he said, would attack either of Peter's kidneys and cause damage immediately after transplantation.

Defendants argued that for these and other reasons plaintiff had no viable common law or statutory claim against them. Plaintiff cross-moved for summary judgment, maintaining, as he does before us, that incompatibility is irrelevant to his claim that defendants misappropriated or diverted Peter's second kidney. He characterized the incompatibility determination as belated and suspect. The District Court granted defendants' motion for summary judgment, denied plaintiff's cross motion and dismissed the complaint Colavito v New York Organ Donor Network, Inc.

The court determined that plaintiff failed to state a cause of action for fraud, not having shown how he was harmed by any justifiable reliance on defendants' alleged misrepresentation. In rejecting the conversion claim, the District Court held, in essence, that contract law ill-suits organ donations and that it would be "inappropriate to expand the limited right that courts recognize in a deceased's body, which only belongs to the next of kin to insure proper burial" id. Lastly, the court concluded that in the absence of a clear legislative expression, neither Public Health Law Article 43 nor Article A gives donees standing to bring a lawsuit.

On plaintiff's appeal, the Second Circuit agreed that plaintiff did not state a cause of action for fraud, but determined that the legal issues necessary to address the two remaining causes of action raised novel and important questions of New York law Colavito v New York Organ Donor Network, Inc. The Second Circuit certified to us, and we accepted, the following questions:.

To answer the first question we begin by addressing the tort of conversion. A conversion takes place when someone, intentionally and without authority, assumes or exercises control over personal property belonging to someone else, interfering with that person's right of possession State of New York v Seventh Regiment Fund, 98 NY2d []. Two key elements of conversion are 1 plaintiff's possessory right or interest in the property Pierpoint v Hoyt, NY 26 []; Seventh Regiment Fund, 98 NY2d at and 2 defendant's dominion over the property or interference with it, in derogation of plaintiff's rights Employers' Fire Ins.

The first element is pivotal to our inquiry insofar as plaintiff's conversion cause of action necessarily rests on his claimed property right in the second kidney. We must examine the relevant common law to determine whether he has such a right. We begin with an observation. The common law on this subject extends back for centuries while organ donation and transplantation are measured by mere decades. When discussing body parts of deceased persons, it is unlikely that our forbears had in mind that human organs might be transplanted to extend life or improve health.

As the common law developed, body parts were known to have value, not for transplantation, but for the study of medicine and anatomy. A good deal of the law arose out of religious and cultural sensibilities involving grave robbery, desecration of corpses and, later on, unauthorized autopsies. Unlike other instances in which we consult the common law, this inquiry cannot possibly yield answers with perfect congruity considering the different context in which common law courts have dealt with this subject. Although the case before us is unprecedented, the common law offers enough guidance for us to answer the question confidently.

Early common law writings on the subject go back to Lord Coke, whose 17th century pronouncement that a corpse has no value is a good starting point 5. Coke's classic edict is of more than historical interest; it has been a staple of the common law. Blackstone reiterated the doctrine, asserting that heirs have no property right in the bodies or ashes of their ancestors, "nor can [an heir] bring any civil action against such as indecently at least, if not impiously, violate and disturb their remains, when dead and buried.

One of this Court's earliest encounters with the subject was in Patterson v Patterson 59 NY , []. Adhering to the rule that no one can have a property right in a dead body, we held that a next of kin has a right to possess the body for purposes of burying it, and a corresponding duty to do so. Some years later, in Foley v Phelps 1 App Div [] , a case of first impression in New York, the court recognized a cause of action by a widow who suffered emotional distress occasioned by an unauthorized autopsy on her late husband. The court insisted that it was not finding any property right in the body, invoking instead the widow's right and corresponding duty to bury a corpse, unmutilated.

Foley relied, in part, on an case Snyder v Snyder, 60 How Prac in which the court ruled that there is no property right in the remains of a deceased but the person having charge of the remains holds them "as a sacred trust" see also 2 Kinkead, Commentaries on the Law of Torts []. In , we cited Foley approvingly, and held that a mother had no property interest in her son's body, but had the right to protect it from unauthorized desecration. We sustained her cause of action for emotional distress brought on by an autopsy conducted over her objection Darcy v Presbyterian Hosp.

Six years later, in Finley v Atlantic Transp. The defendant steamship operator was aware that the deceased's son was willing to defray any expenses involved in delivering the body. Concluding that the steamship company was answerable in damages for the son's anguish, we again emphasized that there is no right of property in a dead body in the ordinary sense of the term, but sustained the cause of action based on the sensibilities expressed in Snyder, Darcy, Patterson, Foley and similar cases. These decisions have in common the concept of a decent burial for an undesecrated body. We have been careful about characterizing causes of action that impose liability for violating these sensibilities.

In all instances, we have disclaimed any reliance on a theory of property rights in a dead body 8. Later cases in New York have continued to recognize causes of action for improper autopsy or mutilation see e. Juseinoski v New York Hosp. Considering, however, that the "no property right" jurisprudence was developed long before the age of transplants and other medical advances, we need not identify or forecast the circumstances in which someone may conceivably have actionable rights in the body or organ of a deceased person For purposes of this case it is enough to say, in answer to the first part of the first certified question, that plaintiff, as a specified donee of an incompatible kidney, has no common law right to the organ.

For that reason, his cause of action for conversion must fail, as it is necessarily based on his claimed right to possess the kidney in question. We therefore turn to the second half of the first question: does plaintiff, a specified donee of an incompatible kidney, have a viable right of action under New York's Public Health Law? The UAGA was designed to provide a nationwide law to "encourage the making of anatomical gifts" and "serve the needs of the several conflicting interests in a manner consistent with prevailing customs and desires in this country respecting dignified disposition of dead bodies" Prefatory Note to Unif.

Anatomical Gift Act []. The UAGA identified the principal competing interests as: " 1 the wishes of the deceased during his lifetime concerning the disposition of his body; 2 the desires of the surviving spouse or next of kin; 3 the interest of the state in determining by autopsy, the cause of death in cases involving crime or violence; 4 the need of autopsy to determine the cause of death when private legal rights are dependent upon such cause; and 5 the need of society for bodies, tissues and organs for medical education, research, therapy and transplantation" id. The UAGA gave any individual, of sound mind and over the age of 18, the right to donate all or any part of his or her body for any purpose specified in the Act, with the gift to take effect upon death.

If an individual does not express such a desire, family members may donate a deceased's organs posthumously, but are prohibited from making an anatomical gift if they know it contravenes the deceased's wishes. The Article describes who may be a donor or donee of an anatomical gift, and how a gift may be executed or revoked. Alternative options towards the restricted use of organs specifically from neurologically deceased individuals are the use of live organ donors, foreign transplantations, and financial incentives. These alternative options raise many bioethical concerns such as the ethicality of recruitment methods and the immense risk of post-surgery complications. The shortage in organs donors will be amended with the use of these solutions regardless of the ethical concerns that they will.

Organ donation happens worldwide and can save many lives. When choosing to become an organ donor only certain organs can be donated. Organ transplants tend to be very expensive but, there is no price for a life. Tons of young and old people need these transplants and continuously wait on a list till it is their turn. People can donate organs before and after death but some organ transplants cause people to need additional hospitalization. The recipient might have different religion, political, or ethical viewpoints that a donor may disagree with, but if the person has the opportunity to save a life then these issues should not stand in the way. Becoming an organ donor is the most beneficial decision because it saves and improves many lives, it helps family members grieve, and it decreases organ sales.

Becoming an organ donor gives patients another chance to live or improve the quality at which they live, which is why it is so important to choose to become a donor. Thousands of people are sitting hopelessly while their family and friends watch them die. The positive impact of xenotransplantation is that it can save countless lives, even though there are many risks involved, as time goes on scientists will develop safe methods posing less risks. Another positive impact it can pose on society is that it may decrease the demand of organs in the black market, the rate in which demand for organ increases it increases in the black market as well. It is reported that a plethora of criminal organizations take advantage of this and kill to acquire organs and sell to people at higher prices.

Legalizing xenotransplantation can decrease the demand for organs, in turn decrease the uses of black market. Can the patient survive after the transplant and have improved quality of life? Does age or advancement of the disease process affect the decision? These are all vital questions to consider ethically. For instance, there might be a time when a decision has to be made whether a prisoner receives an organ transplant over a law-abiding citizen. In the process of organ allocation,. Introduction: Organ transplantation is a relatively new field of interest in medicine and it is only over the past century that many breakthroughs in organ transplantation have been made. Page , offering the potential to enhance and save a life Haddow G.

Professional athletes are overpaid because they do not provide society with an essential function that improves or strengthens our world, in comparison to other professionals such as medical doctors, lawyers, and teachers. These athletes are also getting paid millions of dollars for jobs that they only do for a certain number of games over the course of a few months, whereas other professions require long work hours over the course of an entire year. Professional athletes do not deserve to be paid millions of dollars for a job that they only do for a few months in a year and for a job that. This persuasion is an ongoing issue since organ donation is used on survival of humans as the medicine knowledge of humanity increases. Organ donation is much likely linked to social psychology 's topics.

As we would like to run a campaign to convince people, elaboration likelihood model ELM is going to be a really helpful theory on persuasion towards organ donation. Despite advances in medicine and technology, and increased awareness of organ donation and transplantation, there continues to be a gap between supply and demand. The United States should be an opt-in system instead of an opt-out system and if anything help people change their minds and become either live donors or donors when they pass-away with facts, common misconceptions, and myths.

There are many facts about organ donation that many people do not know.

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