A Study Of Consent Models In Human Organ Donation

At present,organ donation is still the only source for organ transplantation.The premise of the legalization of human organ donation is a valid consent.According to whether the donation decision made by oneself is divided into informed consent and proxy consent,basing on whether have advance directive to be divided into proxy consent and presumed consent in organ donation after death.Therefore,human organ donation consent model can be summarized as the following three types: informed consent,proxy consent and presumed consent models.The article is composed of preface,conclusion and three chapters as its main body.In preface part,according to the practice of organ donation and after a review of research status at home and abroad,puts forward the concept of consent model in organ donation,and the basis of the classification as well as its realistic significance.The first chapter is about informed consent model in organ donation.Through the description of informed consent in clinical practice,combined with the legislation models of informed consent,deemed to be that the informed consent can only be existed in living organ donation.This chapter focuses on the problem of informed consent of the donor,as living organ donation has designated recipients,recipients agreement also relates to the success of organ donation,so appropriate concern have been given to informed consent of recipients.On this basis,analyzing the significance of informed consent in living organ donation and some realistic dilemmas.The second chapter content is about proxy consent model in organ donation.In this chapter,the proxy consent is to qualified in cadaveric organ donation,whose willingness of organ donation had been clear before died.Minors' organ donation is not universal,therefore,it has been mentioned but not to do a detailed discussion.On the basis of making clear of the scope of proxy consent,discussing the necessity and significance of proxy consent in organ donation;the universality of proxy consent in the clinical practice and the speciality of proxy consent in organ donation in China,and also several problems in proxy consent should be clarified.The third chapter is about presumed consent model in organ donation.It is the most disputable consent model in organ donation,the focus of the controversy is the presumed consent model which may increase the supply of organs and alleviate the organ shortage,but at the same time it may infringe on citizens' autonomy right.Based on the study of presumed consent legislation and practice abroad,combined with the scholars' discussions,put forward a more general explanation to the concept of presumed consent.It will to be presumed consent when someone had no willingness before died,then the relatives make decisions on organ donation in light of their speculation.There is no contradiction among presumed consent,informed consent and respect for autonomy,and attempt to put forward some theoretical preparation and practical conditions in the implementation of presumed consent.In the epilogue part,on the basis of summarization of full text,pointing out that the division of the three models is not absolute,the proxy consent and the presumed consent are not the opposite of informed consent and also the presumed consent is not necessarily violate the principles of medical ethics.While thinking of consent model,it should take it with the reality of a national organ donation,and give full consideration of the cultural tradition and the acceptance of people,balancing the citizens' basic right and promote organ donation by consent model legislation as possible as we can.