David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
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Theoretical Medicine and Bioethics 25 (4):229-241 (2004)
Kidney donation by young children and the mentally retarded has been supported by court decisions, arguments based on obligations inherent in family relationships, an array of contextual factors, and the principle of beneficence. These justifications for taking organs from people who cannot protect themselves are problematic and must be weighed against our obligation to protect the vulnerable. A compromise solution is presented that strongly protects young children and the mentally retarded but does not abdicate all responsibility to relieve suffering. Guidelines are proposed that prohibit the retrieval of kidneys from young children and the mentally retarded but permit one exception. They would allow retrieval of a kidney when the consequence to a first order relative with whom the donor has a meaningful and valuable relationship is otherwise imminent death. This would be done in accordance with additional guidelines that minimize harm to the donor. Since most patients with end stage renal disease can be maintained on dialysis the need for a kidney to prevent death should be an uncommon occurrence. This compromise is proposed as a solution to a dilemma that exists because two ethical principles are in conflict and one cannot be honored without violating the other.
|Keywords||children ethical analysis judicial actions kidney donation kidney transplantation mentally retarded organ donation|
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References found in this work BETA
Robert M. Veatch (2003). Why Liberals Should Accept Financial Incentives for Organ Procurement. Kennedy Institute of Ethics Journal 13 (1):19-36.
Robert A. Crouch & Carl Elliott (1999). Moral Agency and the Family: The Case of Living Related Organ Transplantation. Cambridge Quarterly of Healthcare Ethics 8 (3):275-287.
Jeffrey Spike (2001). Cultural Diversity and Patients with Reduced Capacity: The Use of Ethics Consultation to Advocate for Mentally Handicapped Persons in Living Organ Donation. Theoretical Medicine and Bioethics 22 (6):519-526.
James Dwyer & Elizabeth Vig (1995). Rethinking Transplantation Between Siblings. Hastings Center Report 25 (5):7-12.
E. G. Howe (2003). Death-Defying Empathy. Journal of Clinical Ethics 14 (4):233.
Citations of this work BETA
Robert Noggle (2013). For the Benefit of Another: Children, Moral Decency, and Non-Therapeutic Medical Procedures. [REVIEW] HEC Forum 25 (4):289-310.
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