Have you considered donating your organs after
death for transplantation or research? Unfortunately, many people fail to
consider this question before they die and members of their family are left to
make the decision for them.
Since organ demand far exceeds supply, there are
federal and state laws designed to increase donations. For instance, many states
require hospitals to ask if patients have completed or would like to complete a
donor form.
Organ donations are often referred to as
"anatomical gifts." All fifty states have passed some version of the Uniform
Anatomical Gift Act. This act allows a person to make a gift of organs and
tissues during his or her lifetime with the gift to take effect upon death.
Family members may also donate organs and tissues of a deceased relative if
there is no indication the deceased was opposed to such a donation. Therefore,
it is important to document your wishes concerning organ donation.
Documenting your Donation
You can express your desire to be an organ donor
in a variety of documents. This may be a donor card you carry with you, an
indication on your driver's license, or another document. Methods vary from
state to state. Some states require completion of a specific form. To find out
the best way to make your wishes known in your state, contact a local hospital,
your health care provider, or your state's organ procurement organization. If
you have specific questions about your state's requirements, you may want to
contact a lawyer.
Many states make it easy to indicate your donor
status by including this with your driver's license application/renewal. If you
elect to be a donor, the information may be printed right on your driver's
license.
Organ donations can also be indicated in a will
and in advance directives. Indicating your desire to donate organs only in a
will is not recommended, though. Such instructions might not be noticed in time
to allow organs or tissues to be donated.
Regardless of your state's requirements, it's
important that your family and loved ones know of your desire to donate your
organs. Planning for such a possibility in advance and making your decision
known increases the likelihood of your wishes being followed upon your death.
It's also a good idea to provide a copy of your
organ donor documentation to your health care provider and hospital to be kept
with your medical records.
Use of Organs
The Uniform Anatomical Gift Act allows for organs,
tissues, or parts to be used for transplantation, therapy, research, and medical
education. Organs and tissues can't always be used for all purposes, though.
Some organs or tissues may not be used if it would interfere with an autopsy or
another investigation. Also, if a donor suffers from particular diseases or dies
under certain circumstances, his organs and tissues may not be suitable. Make
sure (1) that they can accept the donation and (2) that you take the necessary
steps for a successful donation. They should be able to help you document your
donation properly.
If you don't specify a recipient or if the
recipient you specify cannot accept the donation, the law generally provides
that the donation can be transferred to an appropriate person or institution.
There is a national system to allocate organs to individuals who need them for
transplantation. Factors such as urgency of need, closeness of biological match,
and geographic proximity help determine who gets the organs.
Donations by Others
Family members can generally decide to donate the
organs of a deceased relative if there is no indication the deceased was opposed
to such a donation. This decision usually falls first to the deceased's spouse,
then to adult children, parents, adult siblings, and guardian. Some states give
an attorney in fact under a health care power of attorney document authority to
make organ donation decisions also. It is common for health care providers to
ask family members for consent before removing organs, even if the deceased had
completed a donor form.
You should discuss your wishes with your family
and carry any completed organ donation form in your wallet or purse. Doing so
may make your family's decision easier at a painful time and will increase the
likelihood that family members will honor your wishes upon your death.
Medical Procedures
Nearly all states legally define death as either
the irreversible stopping of all functions of the entire brain (brain death) or
the irreversible stopping of circulatory and respiratory functions. Trauma to
the head, bleeding into the brain, and lack of oxygen to the brain are some of
the causes of brain death.
Organs such as the heart, lungs, and pancreas can
be used for transplantation only if they are removed from a person whose body is
maintained on life support systems after they are declared brain dead. The
artificial life support is necessary to maintain an adequate blood supply to the
organs so they are suitable for transplantation.
Most people don't suffer brain death and therefore
their organs, such as their heart and lungs, cannot be used for transplants.
However, some of their organs, tissues, or parts may still be useful. Such
tissues as the cornea, bone, and skin don't need to come from a person whose
body is artificially maintained on life support. However, all organs or tissues
must be removed within a relatively short time after death.
Organs are removed after death in a way that
minimizes visible signs of the removal. Unless other arrangements have been
made, the body of a donor is typically available for funeral and burial
arrangements after organs and tissues are removed.
Medical Screening
Donated organs and tissues are screened for
infectious diseases such as hepatitis and HIV/AIDS. If an HIV test is positive,
the deceased donor's family could possibly be informed of the results.
It is a crime in some states to try to donate
organs or tissues if you know you are HIV positive and that the virus may be
transmitted by a donation. If an HIV positive individual wants to donate organs
or tissues for purposes such as research and education, specific arrangements
should be made for such a donation with a medical research or educational
facility.
Minors as Donors
Some states allow a minor to complete an organ
donation form. The signature of a parent or guardian is usually required.
Even in states where state law does not provide
that minors can donate organs and tissues, minors are encouraged to complete an
organ donation form if they have opinion about the donation of their organs. A
completed form indicates the wishes of a minor and may assist a parent or legal
guardian in making a donation decision at a later time.
Revoking your Decision
Organ donation documents may generally be revoked
in any of the following ways:
� A signed statement or document indicating
revocation.
� An oral statement made in the presence of two
people.
� Any communication to a physician during a
terminal illness or injury.
� Delivery of a signed revocation to a designated
recipient.
If a previous donation is contained in a will, you
may revoke the donation by amending the will. The four options above can also
revoke a donation made in a will.
It is important that anyone who had previously
received a copy your donation form or who knew of your plans to donate organs be
notified that your wishes have changed. Here are some ways to make sure your
revocation is honored:
� If you have a copy of the now-revoked donor
form, destroy it.
� If you previously had sent copies of the
now-revoked donor form to other parties, such as a designated recipient, send
them a copy of the revocation and any new forms.
� Communicate your revocations and your current
wishes concerning organ donation to your family. Family members frequently are
involved in organ donation decisions, so is important that they are aware of the
existence of completed donor forms and of your wishes.
If you want to revoke or amend a donation made on
your driver's license, you should follow the instructions provided at the time
of the donation. If you have any doubts about the status of a driver's license
donation, contact the state officials responsible for the administration of
drivers' licenses or donor forms. At a minimum, carry any revocation documents
with the license or identification card so that the revocation will be found.
Refusing to Donate Organs
You have the right to refuse to donate your
organs. The Uniform Anatomical Gift Act allows you to document a refusal to
donate organs. Even states that don't expressly address "refusal to donate"
documents state that a person's wishes NOT to be an organ donor are to be
honored at the time of his or her death.
If you don't want to be an organ donor for any
reason, you should document your refusal to donate. A documented refusal may
help your family members make a donation decision that is consistent with your
wishes. If you have specific questions about refusing to be an organ donor, you
should contact a lawyer. |
