Opt-out organ donation without presumptions

Journal of Medical Ethics 38 (2):69-72 (2012)
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Abstract

This paper defends an ‘opt-out’ scheme for organ procurement, by distinguishing this system from ‘presumed consent’ (which the author regards as an erroneous justification of it). It, first, stresses the moral importance of increasing the supply of organs and argues that making donation easier need not conflict with altruism. It then goes on to explore one way that donation can be increased, namely by adopting an opt-out system, in which cadaveric organs are used unless the deceased (or their family) registered an objection. Such policies are often labelled ‘presumed consent’, but it is argued that critics are right to be sceptical of this idea—consent is shown to be an action, rather than a mental attitude, and thus not something that can be presumed. Either someone has consented or they have not, whatever their attitude to the use of their organs. Thankfully, an opt-out scheme need not rest on the presumption of consent. Actual consent can be given implicitly, by one's actions, so it is argued that the failure to register an objection (given certain background conditions) should itself be taken as sign of consent. Therefore, it is permissible to use the organs of someone who did not opt out, because they have—by their silence—actually consented

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Ben Saunders
University of Southampton

Citations of this work

Efficiency and the futures market in organs.Andreas Albertsen - 2023 - Monash Bioethics Review 41 (1):66-81.
On realist legitimacy.Fabian Wendt - 2016 - Social Philosophy and Policy 32 (2):227-245.
Opt-out and Consent.Douglas MacKay - 2015 - Journal of Medical Ethics 41 (10):1-4.
Ethical Solutions to the Problem of Organ Shortage.Aksel Braanen Sterri, Sadie Regmi & John Harris - 2022 - Cambridge Quarterly of Healthcare Ethics 31 (3):297-309.
The Problem with Rescue Medicine.N. S. Jecker - 2013 - Journal of Medicine and Philosophy 38 (1):64-81.

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References found in this work

How to do things with words.John L. Austin - 1962 - Oxford [Eng.]: Clarendon Press. Edited by Marina Sbisá & J. O. Urmson.
Some limits of informed consent.O. O'Neill - 2003 - Journal of Medical Ethics 29 (1):4-7.
Political legitimacy and democracy.Allen Buchanan - 2002 - Ethics 112 (4):689-719.
Normative consent and opt-out organ donation.B. Saunders - 2010 - Journal of Medical Ethics 36 (2):84-87.

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