The Human Tissue Act 2008 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.

The first organ donation was successfully performed in 1954 (Major). Since then, institutions have set up many regulations and processes that have saved many lives by allowing people to donate their organs, but government policies in the United States have set up laws that prevent individuals to make choices about their own bodies. The National Organ Transplant Act (NOTA) is a regulation that prevents those who prefer to profit from their donation. The purpose of the act was to, “prohibit the assignment of a monetary value to an organ for transplantation, thus preventing commercialization and ensuring some level of equity in access to organs” (Delmonico). “Punishment includes fines up to $50 000 and 5 years in prison” (Friedman). The only country that legalizes organs to be bought and sold is Iran. The Iranian government recognized the overwhelming increasing of resources needed for dialysis as more and more people were becoming ill, so the government decided to make it legal to pay citizens to have transplants mainly in the UK (Major). When a person is in need of an organ, doctors assess whether or not that person is eligible for a transplant (Bernard). Once they have been approved, the patient will be referred by the doctor to a transplant center where they evaluate the patient’s physical and mental health as well as the patient’s social support to clear the requirements for being considered a viable candidate for an organ transplant, and finding the right donor is all

There are diversified augments in favor of and against organ sales. I will focus on the arguments of Joanna MacKay from her essay “Organ Sales Will Save Lives” and R.R Kishore’s essay “Human Organs, Scarcities, and Sale: Morality Revisited”. MacKay argues in favor of organ trade legalization stating “government should not ban the sale of human organs; they should regulate it. Kishore argues against organ trade legalization stating “the integrity of the human body should never be subject to trade”.

Today we are in great need of a solution to solve the problem of the shortage of human organs available for transplant. The website for Donate Life America estimates that in the United States over 100 people per day are added to the current list of over 100,000 men, women, and children that are waiting for life-saving transplants. Sadly enough, approximately 18 people a day on that list die just because they cannot outlive the wait for the organ that they so desperately need to survive. James Burdick, director of the Division of Transplantation for the U.S. Department of Health & Human Services confirms, “The need for organ transplants continues to grow and this demand continues to outpace the supply of transplantable organs”. The

Since the WHO is not, in any way, going to lift the ban, and one of the most efficient ways to increase the supply of available organs for the thousands of people on organ waiting lists is to make some form of donation and selling legal, other options must be sought-after. By combining two opposing viewpoints it is possible for a whole new approach to this rapidly growing problem to transpire, for there may be more agreeable aspects than what meets the eye.

Organs that are possible to donate must be functional and healthy. The donors must be

Selling organs is a rising problem in the healthcare community, government and morality. Organ sales has become the topic of discussion for numerous reasons. Some of which being lowering the wait time on the organ transplant waitlist and taking advantage of the financially disadvantaged. This issue affects many people on many different levels, some people morally or legally but mostly importantly medically. What this basically comes down to is: “Who are we to judge what people do with their bodies?”. The answer to this question lays in many different sources. The simplified answer is no we can not tell people what they can and can not tell other people what they can and can ot do with their bodies.

The American Medical Association’s Code of Ethics mandates that doctors tell their patients if their tissue samples are going to be used in research or will possibly lead to profits. Some post Nuremberg codes, such as the Declaration of Helsinki and the Belmont Report, say consent is required. These are not laws but ethical codes, but many institutions choose to get consent regardless. Issues on privacy are also resolved; the Health Insurance Portability and Accountability Act of 1996 prevents a privacy violation like the one that happened to the Lacks’ from occurring. Under the Common Rule, samples cannot be named using the donor’s initials, but instead by code numbers. The NIH has strict guidelines on tissue research, and it is illegal to sell tissues for medical treatments or transplants. In fact, under the Common Rule, people can even take their tissues out of research anytime they want to. There are many laws that protect patients and their rights, therefore new laws on tissue rights are unnecessary because there are already many proficient laws in

Recent medical advances have greatly enhanced the ability to successfully transplant organs and tissue. Forty-five years ago the first successful kidney transplant was performed in the United States, followed twenty years later by the first heart transplant. Statistics from the United Network for Organ Sharing (ONOS) indicate that in 1998 a total of 20,961 transplants were performed in the United States. Although the number of transplants has risen sharply in recent years, the demand for organs far outweighs the supply. To date, more than 65,000 people are on the national organ transplant waiting list and about 4,000 of them will die this year- about 11 every day- while waiting for a chance to extend their life through organ donation

The medical industry had been achieving more in the stage of medical advancements, though they are still in the early phase. Artificial organs have been one of those achievements. Although they have achieved such, artificial organs are not perfect. Most doctors as well as patients would prefer to replace a dying organ with a compatible human organ, rather than with an artificial or animal organ. Yet due to a there being less organs donated than recipients, artificial and animal organs are becoming more common in transplants. Most of this issue is because people are unaware of how organ donation works, the organs that can be donated, how many people are in need, and the advancements that have happened in the field. Organ donation saves hundreds of lives every year, but many lives are recklessly lost due to a shortage of organ donors.

Organ transplantation is a term that most people are familiar with. When a person develops the need for a new organ either due to an accident or disease, they receive a transplant, right? No, that 's not always right. When a person needs a new organ, they usually face a long term struggle that they may never see the end of, at least while they are alive. The demand for transplant organs is a challenging problem that many people are working to solve. Countries all over the world face the organ shortage epidemic, and they all have different laws regarding what can be done to solve it. However, no country has been able to create a successful plan without causing moral and ethical dilemmas.

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

There are several reasons besides the obvious ethical issues that make it wrong to sell organs from live donors. First of all the dangers presented to the donor. Most of the organ donors who would donate their organs for money will mostly come from third world nations. There are two main problems with this. The ignorance of the donor to the risks involved before he or she gives consent, and the fact that the “middle-men” involved are motivated by money so the most profitable way to remove the organ will be used, putting the health of the donor second. Another issue that would be presented is people will take patients off of life support earlier than they would otherwise if they are motivated by money.

Our topic is on organ transplant. We will focus on the process and ethical dilemmas surrounding it. Our group chose this topic because we care and understand that this can happen to our love ones. We want to raise our concern about this worldwide issue, and where the black market for organs come into play. The stakeholders include the people (donors or receivers), doctors, government, businesses, and experts. We will be focusing on the culture and the ethical issues that related to organ transplant, conflict of interests, ethics in the design phases, debt/ financing, and regulation. Since our topic is quite detailed, we will start with what is the precise definition of “brain death” in a heart beating body that is kept

The first major issue with respect to a legal organ market is the issue of living donors. Gregory extends the issue of living donation of semen, eggs and blood to include organs. This is false equivalency. The human body readily regenerates semen, eggs and blood; it does not regenerate kidneys. Living donors who sell their organs suffer negative health outcomes. While the body is engineered in such a way that kidney capacity