Organ Transplantation

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Definition organ transplant

An organ transplant is a surgical operation where a failing or damaged organ in the human body is removed and replaced with a new one. An organ is a mass of specialized cells and tissues that work together to perform a function in the body

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organ transplant
Imagine

that a member of your family faced sure death unless a body part could be found and quickly transplanted. Your doctor

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organ transplant
Organ

transplantation has been part of medical technology for over forty years, beginning in the 1950s with the first consistent successes in kidney transplantation

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Ethical Issues
1.

Medical integrity: Patients and the public must be able to trust their doctors not to sacrifice the interest of one to that of another. Individual may make that sacrifice, but not their doctors. Scientific validity: the basic biology and technology must be sufficiently assured to offer a probability of beneficial outcome, case by case.
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2.

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Ethical Issues
Simultaneously

with the introduction of a specific act called the Transplantation of Human Organs Act (HOTA) in 1994, the way has also been paved for performing 'cadaver'

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Medical Advancement
Our

country has an enormous and ever increasing pool of patients with end stage liver disease for whom the only therapy available is liver transplantation. In the absence of

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Regulatory Framework

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Regulatory Framework
The

Transplantation of Human Organs Act was thus passed by Parliament in 1994. The act legalises 'brain death' making removal of organs permissible after proper consent. The first few hundred such cadaver transplants have been performed mainly in the metros in the last two to three years but the activity in the field is well below what was expected or what is needed. On the other hand, the Act also seeks to 3/28/12

Salient Features Of HOTA, 1994

1.

The Transplantation of Human Organs Act, 1994 is meant to provide for the regulation of removal, storage, and transplantation of human organs for therapeutic purposes and for the prevention of commercial dealings in human organs. The Central Act illegalises the buying and selling of human organs and makes cash-forkidney transactions a criminal offence.
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Salient Features Of HOTA, 1994

5.

The Act defines two categories of donors:First, it permits a near relative, defined as a patient's spouse, parents, siblings, and children, to donate a kidney to the patient. Secondly, in Section 9(3) of the Act, live donors who are not near relatives but are willing to donate kidneys to the recipients by reason3/28/12 of affection or

Salient Features Of HOTA, 1994

8. The Act very sensibly provides for registration of hospitals claiming to have the necessary competence and facilities to perform particular organ transplantation. This is a regulatory measure intended to protect the interests of patients. It is with the Appropriate Authority, set up by the State government under the Act, that hospitals intending to do transplants must register. Approvals are granted only after the institutions fulfill certain technical, infrastructural and medical requirements

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Critical Analysis Of HOTA, 1994

Due

to various scam and sting operations being reported in the news, and prosecution of medical professionals thereupon in such cases, the medical fraternity is scared of granting permission for donation of human organs on one ground or another. Those cases that are refused permission go to the courts for justice. There is a delayed procedure in the courts and many times such cases get 3/28/12

Critical Analysis Of HOTA, 1994

Medical

professionals were in a dilemma that they had taken a solemn oath they will try to save the life of the patient by all means. When they were sitting in such committees they were not trying to save the life of critically ill patients of renal failure but trying to rule out that there is no monetary involvement in these organ donations. They were at great pains, when they had to deny permission as now they were not trying 3/28/12

Amendments Required
The

Transplantation of Human Organs (HOTA) Act, passed in 1994, was a significant step towards regulating transplantation of human organs and preventing commercial dealings in human organs. Centre is in the process of modifying the Transplantation of Human Organs Act, 1994, to 3/28/12 the huge bridge

The

Conclusion
Studies

have shown that 85% of doctors in India have no training in medical ethics. Teaching, training, following and practising ethics among doctors in our country is the only solution for the unethical medical problems flourishing in our country amidst poverty. We have to uplift the four big values in bioethics: autonomy, beneficence, nonmaleficence and distributive justice.
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References
http://www.legalserviceindia.com/article

/l179-Human-OrgansTransplantation.html
www.who.int/entity/transplantation/orga

n/en/
ec.europa.eu/health/ph.../human.../orga

n_survey.pdf

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