16 Aug 2022

97

Organ Donation and the Principles of Gift Law

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Academic level: College

Paper type: Essay (Any Type)

Words: 405

Pages: 1

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In this case, what will happen next is that the organ procurement organization representative will conduct the examination to ensure medical suitability and on moral grounds that the patient had already considered organ donation as it appears from his driver’s license. There are various state laws regarding organ donation. Firstly, the choice of gift law is important as it enables a patient to choose and grant permission for organ donation, but for deceased donation, then it presents no risks or benefits since it occurs after death (Glazier, 2018). Secondly, gift law provides a legal framework under the Uniform Anatomical Gift Act wherein legal terms it considers a gift as the voluntary transfer from the donor to the done without payment. Thirdly, the other law regards the lack of monetary exchange, which is essential since the law prohibits the sale of organs (Glazier, 2018). Lastly, the state enables gift law to provide legal certainty required, and this includes the donative intent, transfer, and acceptance, and by fulfilling this, it results in a legally binding transfer of the gift. 

As a nurse, I would feel remorseful because I can understand the parent’s situation since it is not easy for them to believe that their son had already considered donating his organs since they had never discussed that issue in the family. Therefore, as a nurse, I would ensure that I educate the family of JD about the importance of organ donation, especially when a person had already considered it (Nitzky, 2018) . Secondly, I would also ensure that I protect the patient’s rights because they do not wish for their son to donate his organs (Anderson, 2019). Thirdly, is to be able to give the parents a voice so that they can advocate for themselves and also guide them in understanding what the organ procurement organization representative is telling them. 

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Consequently, a nurse is required to notify the organ procurement organization when the family has decided to go on with the palliative care because after this is done to the patient, then death is anticipated. As a result, the family should have the final say to override their son’s wishes since they were not ready and they had never discussed it as a family. Therefore, their wish was to remove all machines and get out of God’s way. However, this differs from the advanced directives because the organ procurement organization representative had already noticed that the patient had authorized organ donation, but there are no records of refusal authorization. As such, this portrays the patient’s wish, even though there are no records to approve the same. 

References 

Anderson, J. (2019). Improve Your Patient Advocacy Skills. Onward Healthcare . Retrieved from https://www.onwardhealthcare.com/nursing-resources/patient-advocacy-5-ways-to-advocate-for-your-patients/ 

Glazier, A. (2018, August 7). Organ Donation and the Principles of Gift Law . Retrieved from https://cjasn.asnjournals.org/content/13/8/128 

Nitzky, A. (2018 ). Six Ways Nurses Can Advocate for Patients . Retrieved from https://www.oncnursingnews.com/contributor/alene-nitzky/2018/08/six-ways-nurses- can-advocate-for-patients 

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StudyBounty. (2023, September 14). Organ Donation and the Principles of Gift Law.
https://studybounty.com/organ-donation-and-the-principles-of-gift-law-essay

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