The presumed consent: a road to manslaughter

1. Entity type Lemma
2. Original titleAcordul prezumat, drumul spre omucidere
3. Language term Romanian
4. lemma author Stavinschi, Alexandra
5. lemma category Ethics - Orthodox view on technology and engineering - Scientific theories and disciplines > Medicine
6. lemma work Raduca, Vasile [Author]. The presumed consent: a road to manslaughter
7. lemma manifestations Ziarul Lumina
8. Keywords organ transplantation - death - cerebral death - clinical death - freedom - will
9. Url Click Here
10. Lemma body

    1. The main thesis of the article is that the freedom of expression or the lack of it should be respected even after the separation of soul and body. The article evaluates the proposal of legalising the presumed consent, in order to remove organs and tissues from the bodies. The problem is in those cases when the person has not explicitly refused to donate organs after their clinical death, and who could be assumed that they implicitly agree with their donation. According to the author, this deserves a very careful analysis, given that death can be defined in different ways, and if it is not understood correctly, it can lead to manslaughter. Clinical death, in fact, is not real death.

       The concept of "death" can have several meanings, namely:

       a) the apparent death (when the vital functions are so much weakened that they can only be detected with special equipment; this is a type of death from which some people have recovered without any external intervention);

       b) clinical death (when the bodily functions have ceased, but the biochemical structures have not yet been irreversibly altered, so it is possible that these functions could be reactivated through resuscitation and intensive care);

       c) biological death (when the vital organs have already entered the process of alteration, and the tissue necrosis has started);

       d) cerebral death (the irreversible cessation of the brain function (cortex, cerebellum, cranial trunk).

       These types of "death" are very similar, particularly clinical and brain death; therefore intervention in these moments is crucial. The Church also mentions the eternal death, which is the permanent separation from God, synonymous with hell. Since this is the greatest risk, we should make sure that organs or tissues are not removed from clinically dead patients, which must be ruled out.

       The author argues against the possibility of taking for granted that the lack of an explicit refusal to donate their own organs and tissues should be understood as an agreement. Although the desire to help other people is a noble one, the respect towards the will of the deceased should clearly prevail.