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Fewer Mistakes and Presumed Consent.

Alexander Zambrano1

  • 1Loyola Marymount University, Los Angeles, California, USA.

The Journal of Medicine and Philosophy
|January 2, 2021
PubMed
Summary

Organ donation policies are debated for efficacy and patient autonomy. This analysis critiques the "Fewer Mistakes Argument" for presumed consent, suggesting current opt-in policies may better align with individual wishes, despite majority support for donation.

Area of Science:

  • Bioethics
  • Public Health Policy
  • Medical Law

Background:

  • Organ transplantation relies on donor availability, often influenced by consent policies.
  • Opt-in (explicit consent) and opt-out (presumed consent) systems present different ethical and practical considerations.
  • Michael Gill's "Fewer Mistakes Argument" posits presumed consent maximizes respect for patient autonomy by minimizing frustrated donation wishes.

Purpose of the Study:

  • To evaluate the ethical justification of presumed consent organ procurement policies.
  • To critically analyze objections to Gill's "Fewer Mistakes Argument" from MacKay and Taylor.
  • To challenge the core premises of the "Fewer Mistakes Argument" and its conclusion favoring presumed consent.

Main Methods:

  • Philosophical argumentation and ethical analysis.
Keywords:
consentorganspresumedprocurementtransplantation

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  • Critique of existing arguments in bioethics literature (Gill, MacKay, Taylor).
  • Examination of the "Fewer Mistakes Argument" and its underlying assumptions regarding patient autonomy and organ donation wishes.

    • Main Results:

    • Objections by MacKay to the "Fewer Mistakes Argument" are found to be unconvincing.
    • A methodological preference is established for the author's critique over Taylor's objection.
    • The crucial premise supporting Gill's argument is identified as flawed, and the major premise itself is deemed false.

    Conclusions:

    • The ethical and practical advantages of presumed consent organ procurement, as argued by Gill, are undermined.
    • The "Fewer Mistakes Argument" does not definitively support the implementation of presumed consent policies.
    • Further ethical and empirical examination is needed to determine optimal organ procurement policies that respect patient autonomy.