caa a22 4500 445798270 CHVBK 20180317145133.0 cr unu---uuuuu 170323e20110801xx s 000 0 eng 10.1007/s11017-011-9182-0 doi (NATIONALLICENCE)springer-10.1007/s11017-011-9182-0 den Hartogh Govert Department of Philosophy, University of Amsterdam, Oude Turfmarkt 141-147, 1012, Amsterdam, GC, The Netherlands aut In the best interests of the deceased: A possible justification for organ removal without consent? [Elektronische Daten] [Govert den Hartogh] Opt-out systems of postmortem organ procurement are often supposed to be justifiable by presumed consent, but this justification turns out to depend on a mistaken mental state conception of consent. A promising alternative justification appeals to the analogical situation that occurs when an emergency decision has to be made about medical treatment for a patient who is unable to give or withhold his consent. In such cases, the decision should be made in the best interests of the patient. The analogous suggestion to be considered, then, is, if the potential donor has not registered either his willingness or his refusal to donate, the probabilities that he would or would not have preferred the removal of his organs need to be weighed. And in some actual cases the probability of the first alternative may be greater. This article considers whether the analogy to which this argument appeals is cogent, and concludes that there are important differences between the emergency and the organ removal cases, both as regards the nature of the interests involved and the nature of the right not to be treated without one's consent. Rather, if opt-out systems are to be justified, the needs of patients with organ failure and/or the possibility of tacit consent should be considered. The Author(s), 2011 Organ donation nationallicence Opt-out system nationallicence Best interests nationallicence Presumed consent nationallicence Volenti nationallicence Theoretical Medicine and Bioethics Springer Netherlands 32/4(2011-08-01), 259-269 1386-7415 32:4<259 2011 32 11017 https://doi.org/10.1007/s11017-011-9182-0 text/html Onlinezugriff via DOI 1 research-article jats NATIONALLICENCE 856 40 https://doi.org/10.1007/s11017-011-9182-0 text/html Onlinezugriff via DOI NATIONALLICENCE 100 1- den Hartogh Govert Department of Philosophy, University of Amsterdam, Oude Turfmarkt 141-147, 1012, Amsterdam, GC, The Netherlands aut NATIONALLICENCE 773 0- Theoretical Medicine and Bioethics Springer Netherlands 32/4(2011-08-01), 259-269 1386-7415 32:4<259 2011 32 11017 Metadata rights reserved Springer special CC-BY-NC licence nationallicence BK010053 XK010053 XK010000 NATIONALLICENCE NATIONALLICENCE NL-springer