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Assess

 Patient: Autonomy

 Practitioner: Beneficence & Nonmaleficence

 Public Policy: Justice

Conclude

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34. Organ Donations

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The medical practitioner should not treat the disease but the patient who is suffering from it.
~ Moses Maimonides

Abstract

Informed consent for organ and tissue donation is a voluntary act. Nonrenewable vital organs and tissues cannot be purchased or sold, avoiding the exploitation of vulnerable individuals. Renewable tissues such as blood, sperm, and unfertilized ova can be reimbursed for donor costs and compensation for services rendered. The FDA sets guidelines for plasma donations, with a potential earning of $260-$650 per year. Sperm donations can yield up to $18,000 per year, and egg donations can result in payments of $5,000-$35,000 per cycle. Risks to egg donors include infection, Ovarian hyperstimulation syndrome, and surgical risks. The selling of embryos is illegal in the US, but the embryos can be donated to scientific research or kept frozen. Minors can donate nonvital organs with informed consent and parent/guardian agreement. Practitioners must prioritize patient autonomy and the maxim of nonmaleficence, and it is illegal for them to pursue organ donation consents due to conflict of interest and increased success rates of donor success networks. Prisoners can only donate if the decision was made prior to conviction and if the harvesting occurs after death and not during execution. Federal law mandates families be given the option to donate upon death, with only representatives of organ procurement organizations able to initiate requests.

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Think 

[34:1] Giving consent for donating one’s organs and tissue is a voluntary decision. Nobody can force a donation, nor is it permissible for anyone to purchase or sell nonrenewable vital organs and tissues. This prevents people from selling their nonrenewable organs for a profit, resulting in increasing social healthcare disparities.

[34:2] However, it is permissible to pay for renewable tissues like blood, sperm, and unfertilized ova, usually stated as reimbursement for donor’s costs and compensation for services rendered.

[34:3] Plasma donations: The FDA sets the guidelines based on body weight. In general, a person can make between $20-$50 per donation and can donate every 28 days, up to 13 times per year, for a total of $260-$650 per year.

[34:4] Sperm donations: Men who produce specimens twice a week can make upwards of $1,500 a month for a total of $18,000 per year.

[34:5] Eggs donations: Women can make upwards of $5,000-$35,000 per donation cycle. The American Society for Reproductive Medicine (ASRM) guidelines for eggs donation recommends that females only donate up to six times in their lifetime because of risks to the egg donor and of inadvertent consanguinity.

    1. Risks to egg donor’s,

  • a) increase risk of infection,
  • b) Ovarian hyperstimulation syndrome (OHSS),
  • c) Surgical or procedural risks associated with a donation (procedural and anesthesia), and

    2. Inadvertent consanguinity risk of procreation with a half-sibling. 

The American Society for Reproductive Medicine (ASRM) attempts to limit the possibility of consanguinity by allowing no more than 25 pregnancies per donor (sperm or egg) in a population of 800,000.

[34:6] A fertilized ovum becomes an embryo once the cells start to divide. In the United States, it is illegal to pay for an embryo, such as a frozen embryo, but an embryo can be donated. An open donation means that the donor knows the recipient, and a closed donation means that the donor does not know the recipient. Other options are to donate to scientific research, where under no circumstances will the embryo ever become a child, or to keep the embryos frozen indefinitely. Legal problems can and do occur regarding what to do with the frozen embryos in cases of divorce, death, and inheritance. Referring to embryonic donations as an embryonic adoption is controversial because the term adoption refers to a person, and an embryo is legally not a person. The term embryonic donation is not meant to disparage personal and religious viewpoints on this subject; rather, the use is a matter of legal definition.

Assess
Patient: 1) Autonomy

[34:7] An autonomous donor can provide informed consent for the donation of their nonrenewable organs. Under no circumstance can a person be compelled to donate an organ or tissue, regardless of whether or not the donation is of little consequence to the donor or high consequence for the potential recipient.

[34:8] Once informed consent decision to donate has been made, the donor may withdraw their decision at any time for any or no reason. For example, if a patient is histocompatible and decides to donate to a designated family recipient but changes their mind, then that is permissible. To minimize the social coercion and negative judgment, the practitioner should respond if asked, that the individual was not a suitable candidate for donation.

[34:9] Minors may also donate a nonvital organ as long as:

  • 1. they are a mature minor
  • 2. understands all the risks of harm,
  • 3. assents to the procedure, and the 
  • 4. minor’s parents or guardians also consent to the donation.

Practitioner: 2) Beneficence & 3) Nonmaleficence

[34:10] Patients who donate organs and tissues put themselves in harm’s way for the benefit of others. The professional maxim of nonmaleficence (do no harm) is a prime reason why it is professionally, morally, and legally impermissible for a practitioner to request from a patient a donation of a vital organ. Practitioners must ensure that patients and society continue to trust that a practitioner will never do anything to potentially harm a patient.

[34:11] It is professionally, legally, and morally impermissible to both care for a donor and the recipient as that is considered to be a serious conflict of interest and could erode the patient-practitioner relationship.

Public Policy: 4) Justice

[34:12] Federal law mandates that all families be provided the option to donate when death is imminent. Only a representative of an organ procurement organization is allowed to initiate an organ donation request.

[34:13] There are two fundamental reasons why it is now illegal for a practitioner to pursue the obtaining of consent for organ donation; conflict of interest, and donor success.

  • 1. Conflict of interest: occurs when: a) the practitioner is an advocate for the donor, and when seeking an organ from the donor, b) the practitioner becomes an advocate for the recipient.
  • 2. Donor success: networks are shown to have a much greater success rate in getting organ donation consents than the patient’s practitioner or medical team.

[34:14] A prisoner can only donate if:

  • 1. the decision to donate was made before their conviction,
  • 2. harvesting of organs is after the prisoner is confirmed dead,
  • 3. the procedure is not done in the death chamber, and
  • 4. the method of execution is not altered for harvesting.

[34:15] It is believed that the exchange of money for nonrenewable organs would result in the unjust distribution of benefits for the wealthy and be burdensome for the poor. It is of utmost importance that society trust that the practitioner will never have a conflict of interest between the practitioner wanting their patients’ organs and maximizing the patient’s best interests.

Conclude

[34:16] By federal law, it is illegal to pay for an embryo. However, donor reimbursement and compensation for renewable tissues are permissible but vary dramatically from state to state. It is also professionally, morally, and legally impermissible for a practitioner to request from a patient a donation of a vital organ firstly because it is considered to be a conflict of interest to be an advocate of both the donor and the recipient at the same time, and secondly because donor networks have been shown to have a much greater success rate in obtaining organ donation consents than the patient’s medical practitioner.

[34:17] In summary, organ and tissue donation is a complex yet essential component of healthcare, and it is regulated by federal law and professional ethics. Compensation for renewable tissues is permissible, while the sale of nonrenewable organs and embryos is not. Medical practitioners must ensure they do not engage in conflicts of interest when dealing with organ donation and must respect the autonomy of patients, allowing them to make informed decisions. By adhering to these guidelines and prioritizing patient autonomy, healthcare professionals can maintain trust and contribute to the success of organ and tissue transplantation.

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34. Review Questions

1. In the United States, it is illegal to pay for an embryo, such as a frozen embryo, but an embryo may be donated.

2. An open donation means that the donor does not know the recipient, and a closed donation means that the donor knows the recipient.

3. Referring to embryonic donations as an embryonic adoption is controversial because the term adoption refers to a person, and an embryo is legally not a person.

4. Under no circumstance can a person be compelled to donate an organ or tissue, regardless of whether or not the donation is of little consequence to the donor or high consequence for the potential recipient.

5. Once informed consent decision to donate has been made, the donor may withdraw their decision at any time for any or no reason. To minimize the social coercion and negative judgment, the practitioner should respond if asked, that the individual was not a suitable candidate for donation.

6. It is professionally, legally, and morally impermissible to both care for a donor and the recipient as that is considered to be a serious conflict of interest and would erode the patient-practitioner relationship.

7. Federal law mandates that all families be provided the option to donate when death is imminent.

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34. Clinical Vignettes

1. Ms. Paloma Barton is a 28-year-old nurse who was involved in a car accident resulting in traumatic brain injury. She was declared brain dead, and her family is approached by the hospital staff for organ donation consent. Her family is distraught and undecided, but the medical staff keeps on stressing the importance of organ donation and the potential lives that could be saved. Ms. Barton’s family is struggling with the decision and asks for more time to decide. What ethical issue is raised by the medical staff’s request for organ donation consent, and how should the situation be approached?

2. Ms. Noelle Hernandez is a 30-year-old sales clerk who was in a car accident resulting in severe head trauma. Despite aggressive medical management, she is declared brain dead. Ms. Hernandez's family is approached by the organ procurement organization to consider organ donation. The clinical differential diagnosis is brain death, and the ethical question is whether Ms. Hernandez's family can be compelled to donate her organs.

3. Ms. Elizabeth Thompson is a 32-year-old retired nurse who presents to the hospital with symptoms of acute kidney failure. She has a history of hypertension and type 2 diabetes. Clinical Differential diagnosis: End-stage renal disease (ESRD) due to hypertension and diabetes. Ms. Thompson has been informed by her medical team that she requires a kidney transplant, and her brother, who is a histocompatible match, has agreed to donate one of his kidneys. However, during the preoperative evaluation, the transplant coordinator discovers that the surgeon who will be performing the transplant also cared for Ms. Thompson's brother in the past, and there is a potential conflict of interest. Should the transplant coordinator allow the surgeon to perform the kidney transplant given the potential conflict of interest?

4. Mr. John Peters is a 30-year-old accountant who has expressed interest in donating one of his kidneys to his brother who is suffering from end-stage renal disease. Mr. Peters has undergone the necessary evaluations and has been cleared for donation. However, on the day of the surgery, Mr. Peters informs his healthcare team that he has changed his mind and no longer wishes to donate his kidney. What is the most appropriate course of action for the healthcare team to take in response to Mr. Peters's decision to withdraw his consent for organ donation?

5. Ms. Gabrielle Harper, a 32-year-old kindergarten teacher, had recently expressed an interest in donating her kidney to her brother, who has end-stage renal disease. She had undergone extensive medical workups and had received clearance for the procedure. However, during a follow-up appointment with her practitioner, she expressed hesitation about going through with the donation. She cited concerns about the risks of the surgery, the recovery process, and her ability to return to work. Her practitioner informed her that she had the right to withdraw her consent at any time, and that her decision would be respected. The practitioner also explained to Ms. Harper that the risks associated with kidney donation are relatively low, and that the chances of complications are typically lower than for other surgeries. Which of the following statements is correct about Ms. Harper's decision?

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34. Reflection Vignettes

1. Dr. Sarah Brown is a 50-year-old nephrologist who is approached by a parent who is histocompatible with their child who needs a kidney transplant. All necessary tests are done, and the transplant is planned. However, just before the surgery, the parent informs Dr. Brown that they have changed their mind and no longer wish to donate a kidney. The parent requests that the family not be informed, as they fear that revealing their change of heart would damage their relationship with their family. In this situation, the medical practitioner should emphasize the importance of honesty and transparency in medical decision-making. The practitioner should have an open and honest conversation with the parent, explaining the seriousness of the situation and the potential consequences. If the parent still refuses to donate the kidney, the practitioner should respect their decision and work with the family to find alternative options for the patient's care.

Think

Assess

  Patient: Autonomy

  Practitioner: Beneficence & Nonmaleficence

  Public Policy: Justice

Conclude

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2. Dr. Jane Lee, a 40-year-old medical practitioner, finds herself in a challenging situation in the ICU. Her patient, who is terminally ill, has viable organs that could potentially save the lives of three other patients. Dr. Lee recognizes the conflict of interest in her role as both the patient’s practitioner and a potential advocate for the organ recipients. Additionally, she is aware that donor success networks have a higher success rate in obtaining consent for organ donation. Dr. Lee consults with the hospital ethics committee and the patient’s family to ensure that all parties are fully informed and that the patient’s wishes are respected. Ultimately, the decision to donate the patient’s organs is left to the family, with the assistance of the donor success network. Dr. Lee continues to provide compassionate care to the patient and their family during this difficult time.

Think

Assess

  Patient: Autonomy

  Practitioner: Beneficence & Nonmaleficence

  Public Policy: Justice

Conclude

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