As the prison population in America grows in numbers and increases in age, questions and debates about the allocation of medical resources to prisoners will grow in urgency. One issue which arises every so often is whether convicted felons, especially those who are awaiting capital punishment, should receive the same level of medical care as others in society - including scarce donor organs for the purpose of transplantation. As is often the case, the debate over whether a death row inmate should receive an organ transplant is not a single controversy, but rather several rolled into one. Being able to address the larger question requires disentangling the smaller questions and examining each in turn. What role, if any, should a person 's …show more content…
This represents an important shift because it eliminates many of the potential problems and dangers inherent in assessing the social and moral worth of other human beings. There is a long-recognized legal principle that while people who are not members of a community may deserve certain basic rights and privileges, they do not necessarily deserve all of the rights and privileges accorded to members. Thus, non-members have rights to life, liberty, free speech, etc., but they do not have the right to vote.
There is very little debate over whether this principle is valid in general, but there is quite a bit of debate over just what qualifies as basic, minimum rights and privileges which everyone should have, regardless of their membership or citizenship status. This is especially true when it comes to health care because there is such a wide range of possible treatments available to people.
Should prisoners receive only the very minimum necessary to keep them comfortable? Should expensive diagnostic and treatment options be made available to them? Where exactly should the line be drawn? If a prisoner does receive a lower standard of medical treatment and is later found to be innocent, what sort of responsibility do the state and society bear if he now leaves prison sicker than when he entered? Most people
Not only is the dilemma of inmates receiving organ transplants affecting physicians, but it affects all citizens equally, as well. It costs taxpayers ten and hundreds of thousands to millions of dollars to provide one prisoner with a transplant operation (“Organ transplants for,” 2011). “Efforts to ensure prisoner rights have compromised the lives of law-abiding taxpayers who are the state’s main source of income when it comes to paying for inmates’ medical bills” (Robinson).
It was only a matter of time before a businessman in Virginia saw a way to profit from the success of transplantation. In 1983 H. Barry Jacobs announced the opening of a new exchange through which competent adults could buy and sell organs. His failing was in his decision to use needy immigrants as the source of the organs (Pence 36). As a result Congress, passed the National Organ Transplant Act (Public Law 98-507) in 1984, which prohibited the sale of human organs and violators would be subjected to fines and imprisonment (“Donation Details”).
Another questionable organ recipient other than the criminal is an alcoholic. There is a moral dilemma over whether or not somebody who has intentionally caused his or her organ to fail should receive a new organ before somebody whose organ has failed through no fault of his own. According to the equal access view, one’s lifestyle choices are not factors when considering access to medical procedures. According to the maximum benefit view, however, a medical bias should be taken into consideration. Alcoholic cirrhosis is a disease in which the liver is severely scarred due to excessive alcohol consumption. If the goal of bioethics is to maximize life, then non-reformed alcoholics should not be allowed to register on the national organ distribution list. Since their alcoholic cirrhosis is still worsening,
There are approximately 1,600,000 million inmates are behind bars in America (Glazer, 2014, para. 11) . Without a doubt, much of state prisons are overcrowded, which can lead to, very dangerous situations and environments. Due to the overwhelming number of inmates incarcerated it is difficult to deal with medical and mental health problems in prison. If most inmates complain about not feeling well or have symptoms, medical condition or disease that is not immediately, they would get some form of medication and get turned life back without seeing a doctor for a proper medical exam. A clear majority of the health care professional that work in the prison systems are very under qualified to work in such dangerous and trauma environments like prisons
would still need a consent from their treating doctor and a record of inmate’s medical history. Inmates who aren’t being treated well in prison would be transferred to hospitals for proper treatment (Reed and Lyne, 2000).
Faced with a loved one’s organ failure and in need of an organ donor to survive, are we concerned with the organs origin? As of July 2017, according to the Human Resources & Services Administration (HRSA), there are 117,000 people on the organ waiting list (over 82% of those require a kidney), and an average of 22 people die each day waiting for organs (HRSA, 2017). Comparatively, the amount of prisoners executed in the United States each year is relatively small, yet one organ donor can save as many as eight lives and a cadaver can be used numerous ways in research (HRSA, 2017). Additionally, prisoners can be considered as live organ donors, especially when volunteering a kidney. Allowing inmate organ donations seems simple, yet it is shrouded with moral, ethical, and possible legal concerns. Arguments favoring or opposing incarcerated donors include the prisoner’s health, vulnerabilities, retribution, deterrence, and any form of compensation by reducing sentencing or stays of execution. The ethical aspect of medical staffs and courts involved in inmate executions and the removal of organs leads to heated discussions. Remarkably, there are no federal laws concerning inmate organ donors, and only Utah enacted state laws on the issue. Subsequently, other than Utah, any prisoner’s request to take part in organ donation is decided by prison officials or the governor where the inmate is confined. As the need for organs continues to outpace
[In an effort to reduce crime rates over the last two decades, there was a push to increase arrests, and length of incarceration of criminal offenders. Due to the increase in numbers of offenders incarcerated and the length of their sentences the prison has an increasing population of elderly offenders. In light of this situation, the need to provide medical care for this population has become increasingly more expensive than anyone anticipated. Therefore, there has been a great deal of attention to what is known as compassionate release. In order to evaluate the arguments for and against this legislation we will look at the arguments on both sides, what values underlie each position, how medical release fits into the discussion, and alternatives to the problem.
Having poor heath care within the prison system is something that is very dangerous. It can lead to things such as accidental deaths, worsening pre-existing conditions, and conditions occurring that could have been prevented if the proper care was
Each day, men, women and children are put behind bars suffer from lack of access to medical health care. Chronic illnesses go untreated, emergencies are ignored, and patients with serious illnesses fail to receive needed care. A small failure to medical care can turn in to death of an inmate if left untreated. Prisoners are humans whether inmates or not, with normal health issues or diseases. Even a common cold is an example of an illness that needs treatment. A lot with what is wrong with the health care system today, in the United States deals with money. Within prisons, it is an entire different story. The mission of medical care is to diagnose, comfort and cure. These goals are not being achieved within the prison system. Care needs to be given to every inmate, even the most despised and violent one among them all.
Every day some dies after waiting years on a transplant list. The National Organ Transplant Act of 1984 says that in the United States, the sale of organs is illegal. Some believe this act may be preventing thousands of people from getting the organs that will save their lives. The truth is every day someone dies and their organs could be used to help others and everyday a life of one and the livelihood of another could be saved. The reasons for allowing the sale of organs is very simple to understand. It can help others financially, save money on medical expenses and most importantly, save lives. Critiques believe this would be a mistake causing spur of the moment decisions, and illegal obtain these organs for sale. With the use of regulation, these doubts can be laid to rest. Before the problem can be solved, the problem has to be identified.
In February 2003, 17-year-old Jesica Santillan received a heart-lung transplant at Duke University Hospital that went badly awry because, by mistake, doctors used donor organs from a patient with a different blood type. The botched operation and subsequent unsuccessful retransplant opened a discussion in the media, in internet chat rooms, and in ethicists' circles regarding how we, in the United States, allocate the scarce commodity of organs for transplant. How do we go about allocating a future for people who will die without a transplant? How do we go about denying it? When so many are waiting for their shot at a life worth living, is it fair to grant multiple organs or multiple
Should a convict make amends by donating his or her kidney or eye? This is very debatable question that also comes with a lot of opinions. I have agree with both sides of this topic but I have interviewed a couple people and I have gotten different answers.
In the article “Wanted, Dead or Alive? Kidney Transplants in Inmates Awaiting Execution”, Jacob M. Appel argues that, despite the criminal justice system’s view that death-row inmates deserve to die, they should be given the same opportunity to extend their life as anyone else. “The United States Supreme Court has held since 1976 that prison inmates are entitled to the same medical treatment as the free public” (645).
In an ongoing dispute between China and international health organizations across the world, one recent article had stated that before a program like UNOS was issued in 2010, “at least 90% of the transplanted organs in China were procured from prisoners.” The revelation had shocked the world as China was then the only country in the world that harvested organs from its prisoners and there has been no change to policies since then. It violates the international health principles in medical ethics as the families of these prisoners were not informed of such happenings to their incarcerated family members. While there were pamphlets circulating about organ transplants happening anyway, it still violates ethics as it does not look at the Veil
Transplantation of organs has become a mass phenomenon in the United States. However, at the same time, thousands of Americans die each year while waiting their turn to receive a donor’s body part. The U.S. government establishes that human organs can be accessed for transplantation only with the personal consent or with the consent of closest relatives. In most of the U.S. states, a person who receives a driver's license is encouraged to allow his organs to be used in the event of a fatal accident. Upon agreement, the appropriate mark is entered on the driver’s license. Similar questions are asked when obtaining other identity cards. Americans can also report their desire to become such donors through local