Richard A. Epstein’s Thinking the Unthinkable: Organ Sales Essay

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.

Kishore also notes that the reason for permitting the sale of organs is not to better the health quality of the sellers or to reward them “a long term economic benefit”, as assumed. Comparable monetary or health benefits don’t occur in charitable contributions either, but they are acceptable. The decisions for allowing the sale of organs are set in the interest of saving the lives of incurably ill patients with the help of accessible medical expertise and

Thousands of people in the United States are dying each year because of a failed kidney, and have no chance to receive one. In “Organ Sales Will Save Lives” by MIT student, Joanna MacKay argues against banning the sale of organs, but instead recommends legalizing and regulating the trade of human organs in order to try and save people’s lives. MacKay reports that in America alone, approximately 350,000 people struggle each year with kidney failure. Since there is no cure, and buying kidneys is currently illegal, this leads the person to search for other options that usually result in purchasing organs on the black market. MacKay states that a black market purchase allows the recipient to buy a fresh, healthy organ from a living donor without the agonizing process of waiting on a list (157-158). MacKay believes that both the recipient and donor would benefit in the legalization and regulation process and if this comes to pass, more organs would be made available for transplant and many people would get the chance to live another day.

The demand for organ donors far exceeds the supply of available organs. According to the United Network for Organ Sharing (UNOS) … there are more than 77,000 people in the U.S. who are waiting to receive an organ (Organ Selling 1). The article goes on to say that the majority of those on the national organ transplant waiting list are in need of kidneys, an overwhelming 50,000 people. Although financial gain in the U.S and in most countries is illegal, by legalizing and structuring a scale for organ donor monetary payment, the shortage of available donors could be reduced. Legalizing this controversial issue will help with the projected forecast for a decrease in the number of people on the waiting list, the ethical concerns around benefitting from organ donation, and to include compensation for the organ donor.

If the selling of organs becomes legal. Who is to say that the donor will not be tempted to sell the organs just because they are in need of money, and lack the understanding of the risks that are involved, such as kidney failure and various renal disorders that could occur? One could easily make a life changing decision under, stressful conditions, especially if that person has high debt or if that person feels that, that is their last hope. Many choices can affect their decision; however each person truly needs to understand the “why” and the effects of donor donation and not just become swayed because of the deposit of monetary funds. A physician who donated his organs at the age of eighteen went on to regret it after doing research and he

The article “Need an Organ? It Helps to be Rich,” by Joy Victory informs readers of how medical systems work for those who are in need of an organ transplant. In the article, Victory talks about a 34-year-old man named Brian Shane Regions - who is in need of a heart transplant, but is not able to secure one because he is not insured. Therefore, not having insurance, Brian is put into an unfortunate situation because he is simply not getting any treatment for his heart failure. This is a great example of how patients without insurance could not be provided with an organ donor. Victory argues a variety of issues concerning how the organ donation system is unfair to certain people. A transplant cost a bundle amount of money, which leads to the rich only able to have the procedure done. While the poor cannot afford the cost of the transplant, creating an unfair situation for the less fortunate. The transplant centers can do anything as they please because they simply care more about the money. However, not all transplant centers treat their patients unfairly, several centers are truly able to support the uninsured patients in need of a transplant. It is simply unfair for the patients, who do not have enough money to pay for transplant and the medical systems are unethical.

Organ donations not only save lives but also money and time. If organ donations became prevalent the organ recipient would no longer need dialysis. Since there is no need for dialysis the cost to use the machine would lessen; this means that the cost of equipment would decrease, saving the hospital and insurance company’s money. More lives would be saved as well as benefit from those that no longer need an organ. In the book titled “Elements of Bioethics” adult organ transplants are only that have medical insurance. If organs are taken from recently deceased the cost for those that has no medical coverage was lessen. The process of organ transplantation is life changing and time is crucial. With shorter waiting time it would put ease on the person’s heart to know that this lifesaving event would happen sooner rather than later. In addition, when the organ is taken from the recently deceased the risk would be eliminated from

An organ market will lead to exploitation and unfair advantages for the rich and powerful. It will creates injustice between the rich and the poor as the rich will get organs because of their money but to those who is less fortunate people will not be able to have access to these resources. Vulnerable people such as kids, less educated people, or people from third world countries will get exploited and harvested their organs for richer people. When organs are freely tradable, many extremely poor people, especially those who are struggling to survive, will be forced to sell parts of their bodies. Poverty and corruption are underlying themes behind seller giving up their organs as most donors see it as the only option to make money. For most

“The economically disadvantaged have been shown to be less likely to be organ transplant candidates, financial incentives for organ donation could be characterized as exploitation.” Satel contests this policy in ‘Yuan a Kidney?’ by saying “Government sponsored compensation of healthy individuals who are willing to give one of their kidneys to save the life of a stranger is the best solution”. According to the 2012 National Survey of Organ Donation Attitudes and Behaviors “25.4% of the population reported that a financial incentive would increase their likelihood to donate their own organs”(Statistics, Web. 2012). Not all of which were “economically

To support his argument, Huebner uses statements such as "The sellers are often tricked or coerced by brokers, they don 't always get the promised payment, and even when they are paid, that rarely solves whatever problem prompted them to sell the organ. In fact, the "solution" usually makes matters much worse.” Huebner also states that "Rich patients in need of organs take advantage of the world 's poor"(Huebner, Albert), insinuating that only rich people can afford to buy organs. While both of these statements support the claim made, there isn 't much actual research to support it. No evidence or believable examples were found in the article. While it may be true that more rich people are able to receive organ transplants, it 's not fair to say that it 's only the rich people who are exploiting the poor. That is, if they are even being exploited at all. Who is to say that the poor people who would sell organs wouldn 't be doing so in order to make a better life for themselves and their family? Until an organ market is established and research is done to support these claims, there is very little fact to support them. This leads into the next claim, that commodifying organs will take the integrity out of donating.

The first argument for this position expands upon the statistics already mentioned. There is no question that many more organs are needed than are available. Indeed, it is not merely organs that can be transplanted. One's corneas and tissues can also be harvested to improve lives, if not to save them. Now it can be objected that there is already a process in place for organ donation. People can volunteer to be organ donors. This is of course true. In fact, in some cases organs-such as kidneys and lungs-can be transplanted even if the donor is not deceased. However, the gap between the organs available through voluntary donation and the need for life-saving

Throughout history physicians have faced numerous ethical dilemmas and as medical knowledge and technology have increased so has the number of these dilemmas. Organ transplants are a subject that many individuals do not think about until they or a family member face the possibility of requiring one. Within clinical ethics the subject of organ transplants and the extent to which an individual should go to obtain one remains highly contentious. Should individuals be allowed to advertise or pay for organs? Society today allows those who can afford to pay for services the ability to obtain whatever they need or want while those who cannot afford to pay do without. By allowing individuals to shop for organs the medical profession’s ethical

In addition, surgeons have learned how to keep increasingly patients alive longer and how to make more people eligible for transplants. Still, there are shortage of organs donation. According to the United Network for Organ Sharing (UNOS), a non-profit, scientific and educational organization, organizes transplant registration. 3448 people died in 1995 because organs were not available for them in time. A third to a half of all people on waiting lists die before an organ can be found for them. This shortage raises several difficult ethical problems. How should the limited supply of organs be distributed? Should donors be encouraged to donate by the use of financial incentives? Opponents of the sale of organs point out that the inevitable result will be further exploitation of poor people by the

The legalization of organ sales has been proposed as a solution to two distinct problems. The first is the problem of illegal organ trafficking and the second is the problem of inadequate supplies of organs available for transplants. Gregory (2011) outlined the case for legalizing organ sales by arguing that the current shortage of organs fuels a black market trade that benefits nobody except criminals. He further argues that such a move would add organs to the market, thereby saving the lives of those who would otherwise die without a transplant, while delivering fair value to the person donating the organ. There are a number of problems with the view that legalizing the organ trade is beneficial. Such a move would exacerbate negative health outcomes for the poor, strengthening inequality, but such a move would also violate any reasonable standard of ethics, by inherently placing a price on one's life and health. This paper will expand on these points and make the case that we should not allow people to pay for organs.

In the United States, there are over one hundred thousand people on the waiting list to receive a life-saving organ donation, yet only one out of four will ever receive that precious gift (Statistics & Facts, n.d.). The demand for organ donation has consistently exceeded supply, and the gap between the number of recipients on the waiting list and the number of donors has increased by 110% in the last ten years (O'Reilly, 2009). As a result, some propose radical new ideas to meet these demands, including the selling of human organs. Financial compensation for organs, which is illegal in the United States, is considered repugnant to many. The solution to this ethical dilemma isn’t found in a wallet; there are other alternatives available