just start a new one

how about this:

 

Let's say the person gets into a car accident and dies. The person has signed the organ donor card, but the guardian of the person's estate (wife, parent, whoever) decided to block doctors from taking any organs. Is that ethical?

how about this:

 

Let's say the person gets into a car accident and dies. The person has signed the organ donor card, but the guardian of the person's estate (wife, parent, whoever) decided to block doctors from taking any organs. Is that ethical?

 

I don't think that's legally possible. Organ donor pledges have the same status as a will, as far as I know. So it's just like the executor of an estate, say, deciding to deny everyone the inheritances spelled out in the will.

I don't think that's legally possible. Organ donor pledges have the same status as a will, as far as I know. So it's just like the executor of an estate, say, deciding to deny everyone the inheritances spelled out in the will.

 

I'm not so sure about this. With estates, there is an indefinite period of time for lawyers to bicker and examine and have a judge intervene and make a decision.

 

With organ donation, it's often not that convenient. Many times, the harvesting has to take place promptly or the organs will no longer be useful. And, in my limited experience and knowledge, while donor cards are generally honored, if a spouse, guardian, or steward tries to oppose it, the doctors tend to lean that way for fear of lawsuits. That is, all the spouse has to say is 'S/He forgot to change his/her card to reflect his/her most recent beliefs,' and I'm pretty sure the doctors will ignore the card, unless there is some lawyer on hand with a notarized will to contradict a specious claim made by a grieving relative, I guess.

 

I have heard of legal cases where brain dead people are be kept 'alive' for a period of time while this sort of argument takes place (say between a spouse, who wants to honor the donating and parents who don't want their child cut up for the opened-casket funeral) and it's not a cut-and-dried sort of affair, regardless of what the card says.

 

I could ask my sister-in-law (who is a lawyer with a focus on ethics) about it if it would of interest to the forum. She might be able to offer a non-anecdotal contribution to this discussion.

 

Nemesio

how about this:

 

Let's say the person gets into a car accident and dies. The person has signed the organ donor card, but the guardian of the person's estate (wife, parent, whoever) decided to block doctors from taking any organs. Is that ethical?

I don't think it is ethical. It's like saying "Yeah, I know it was your wish, but screw you, you're dead".

 

If you take that to its logical conclusion, what's the point of a will if the executor is going to ignore it? "I see you've left your estate to your favourite charity, but I don't think I agree, so I'm going to cash it all in and bury it with you".

 

If a person has made a decision as to what happens to their stuff (including them) when they die, it should be respected, or there is no point in making such decisions.

I agree!

I'm still interested in hearing the legal argument for that, Nemesio.

Same here!

I agree!

And yet somehow, it's actually more irritating than when people disagree with the undeniably obvious.

 

Fascinating...

I'm still interested in hearing the legal argument for that, Nemesio.

 

Doh!

 

I didn't see the request!

 

I'll email her tonight (I don't have her address here at work) and see if she has anything to add to the discussion from a legal standpoint.

 

Nemesio

Great discussion! Thanks!

hey guys...I miss u @ my thread.