On The Right Of Informed Consent Of The Donor In Organ Transplantation

Organ transplantation technology is known as the top of modern medicine,involving in medicine,law,ethics and other fields,many patients brought the hope of survival.However,in the technology of organ transplantation,especially the behavior of organ donation by the donor,it is the exchange of the health of one person for the health of another person,which is morally or ethically risky.At present,the risk can be effectively avoided,that is,the donor is given full informed consent right by law,and the donor,through the exercise of the informed consent right,understands the relevant information,makes clear the adverse consequences,and makes a choice voluntarily and voluntarily.Therefore,the research on the right of informed consent of the donor plays an important role in guaranteeing the independent personality of the donor,the illegality of blocking or removing the organ,and the balance of rights and obligations among multiple subjects of organ transplantation.The right of informed consent of the donor in organ transplantation refers to the right of the donor to independently or jointly express the intention of accepting or refusing organ donation with other subjects on the basis of fully knowing and understanding the medical technical information and medical ethical information related to transplantation.Compared with general medical behavior,the informed consent right of the donor is completely neutral and independent.From the perspective of meaning,the donor’s informed consent right includes two specific rights,the right to know and the right to consent,which are independent but closely related to each other.From the perspective of subjects of rights,in living donors,persons with full capacity for civil conduct over the age of 18 are the sole subjects of the right to informed consent,and minors over the age of 16 and their legal representatives are the joint subjects.In a deceased body donor,if the donor makes a donation decision during his/her lifetime,the subject of informed consent right is the donor himself/herself;if the donor has not expressed his/her disapproval before his/her death,and the family members make the donation decision on his/her behalf after his/her death,the subject of informed consent right is the donor’s close relatives,including the spouse,parents and adult children.In the right of informed consent of the donor,the right to know mainly depends on the fulfillment of the obligation of disclosure by the doctor.The right of autonomous consent includes two elements: autonomy and consent,both of which are indispensable,and the exercise of which should follow certain limits,not to harm themselves,others or break the public order and good customs.Donor rules including of informed consent right direction and reverse refused,positive exercise of formal requirements for signing informed consent,but simply signed informed consent does not represent a donor to fully understand the content presented,therefore,in this paper,the results suggest that the introduction of informed consent independent evaluation mechanism,as the evaluation of the donor is not really the essence of the informed consent requirements;Reverse the right to refuse the regret agreed to drop in the system to give donor,but there is a limit to revocation of the exercise,beyond a certain limit of receptor require corresponding compensation of damage,and against but unwilling to donate organs due to the social public opinion,family stress with the consent of the donor,in this paper,introducing the system of medical excuse,provided by the human organ transplant ethics committee for their physiological index does not match the reason,in order to protect the rights of the donor refused to donate.