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1
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- Dr Robert O’Neill
- University of Western Sydney
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2
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- the relationship we have with each other
- the relationship we have with strangers
- the relationship we have with our family
- the relationship we have with society
- the way we perceive our own bodies
- the way we think about death
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3
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- Cardiac death
- Brain death
- Arguably, we live in a ‘death-denying’ society
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4
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- FUNCTIONALIST/ CARTESIAN
- (Body and Soul seen as separate)
- HOLISTIC VIEW
- (Body and Soul seen as integrated)
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5
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- forced to confront own mortality
- fear of being prematurely pronounced dead
- anxiety about disfigurement of the body
- fear of bodily mutilation
- fear of inflicting pain upon the dead
- belief in the sentient corpse
- worry at entering the afterlife without vital organs
- fear of retribution from beyond the grave
- a mistrust of the medical profession
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6
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- Why would you donate your organs to society?
- in effect, donating your organs to
- a complete stranger?
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7
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- You may feel it is the right thing to do
- But why is it ‘the right thing’?
- - because you feel part of society?
- - because you want to contribute to society?
- - because you want to give something back to society?
- - because you want to give the ‘Gift of Life’?
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8
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- Altruism / Good of Society
- versus
- Individualism / Pursuit of Self Interest
- The ‘conscience collective’
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9
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- the obligation to give gifts
- the obligation to receive gifts
- the obligation to reciprocate the gift with
- one of equal or greater value
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10
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11
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12
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- (as a % of total kidney donations)
- USA - 51% of kidney donations
EUROPE - 20% of kidney donations
AUSTRALIA- 20% of kidney donations
- CANADA- 59% of kidney donations
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13
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- eliminates placement on national waiting list
- tx surgery can be scheduled at a
- mutually-agreed-upon time
- reduced risk of pre-operative mortality
- avoidance of complications associated with organ preservation
- UNOS: Critical Data
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14
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- recipient can begin immunosuppressive therapy prior to transplantation
- transplantation from living
donors more successful due to better tissue match
- fewer rejection episodes
- living donor and recipient may experience psychological benefit
- UNOS: Critical Data
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15
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- donor mortality (0.03% - 0.06%)
- donor morbidity
- -pain / discomfort associated with operation
- iatrogenic consequences
- - possible damage to remaining portion of donor’s organ
- infection / bleeding
- negative psychological consequences for donor
- UNOS: Critical Data
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16
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- ENTHUSIASM FOR LIVING RELATED DONATION
- BUT NOT FOR LIVING UNRELATED DONATION
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17
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- identical twin
- brother or sister
- (then, in order of preference)
- parents
- any other relatives
- (half-brothers, half-sisters, children, grandparents, nieces, nephews,
cousins, aunts or uncles)
- living unrelated donors
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18
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- Actions for assault, battery
and false imprisonment are categories of tort law known as trespass upon
the person and they each involve a direct and unlawful interference with
the person by another without consent
- (Macfarlane 1995:52)
- CONSENT ELIMINATES ASSAULT
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19
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- However, one cannot consent to do harm to themself
- Mayhem is the crime of
intentionally and maliciously maiming or disfiguring a person...under
modern law, it is possible to contend that surgically removing an organ
from a person constitutes mayhem.
- ..consent by donor may not be an adequate defence
- (Michigan Law Review 811 pp853-4 cited in
- Kennedy & Grubb 1989:977)
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20
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- no therapeutic benefit to living donor
- can argue psychological benefit to living donor
- (e.g. loss of relative, loss of support)
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21
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- LACK OF ANONYMITY BETWEEN RECIPIENT AND DONOR IN
- LIVING RELATED DONATION
- WHILST ANONYMITY STRICTLY ENFORCED IN CADAVERIC DONATION
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22
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- lack of anonymity influences and effects:
- family dynamics
- the decision to donate
- the motivation to donate
- living donor / recipient relations
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23
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- ‘My sister needed a kidney…I had no trouble deciding. It was just a
known fact in my mind; a given, a no-brainer’.
- I was with Howard…when he found out he needed
- a kidney.It was then that I decided to see if I was
- a candidate’
- ‘I gave it no thought, I just did it’
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24
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- family dynamics
- the decision to donate
- the motivation to donate
- living donor / recipient relations
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25
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- gender imbalance
- use of elderly / grandparent donors
- can doctors realistically refuse an offer of living donation?
- potential conflict of interest for doctors
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26
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- ALTRUISTIC MOTIVATION OF LIVING UNRELATED DONORS QUESTIONED
- MOTIVATION OF LIVING RELATED DONORS
ACCEPTED UNCRITICALLY
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27
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- LIVING DONATION DESTROYS ANY CLAIM OF EQUITY IN ORGAN ALLOCATION
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28
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- living donation
- creates a two-tier allocation
system
- advantages those recipients who
can ‘bring their own donor’
- Recipients of living related donation effectively ‘jump the queue’
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