A Personal Perspective on Organ Donation

 

This guest post is from Lauren Kessler, Regent Law 2L:

Organ donation is often seen as a generous and selfless act, but it’s essential to understand the full picture before making a decision that impacts not only your life but also your loved ones. Missouri law outlines specific provisions for organ and tissue donation, including the creation of a donor registry and the procedures involved. However, my personal experience has given me a different perspective on this issue.

I once believed in the nobility of organ donation, but that changed after a close friend’s tragic car accident. She was young, full of life, and had signed up as an organ donor. When the accident claimed her life, her parents were shocked by what happened next.

The hospital staff informed them that her status as a donor meant her organs would be taken immediately. The family had no say in the matter due to the binding legal consent she had given through the donor registry. Afterward, her parents were devastated when they saw her body. The procedures left her unrecognizable, and the experience added immense grief to their loss. Her parents had no idea she had signed up as a donor and were unprepared for the emotional and physical reality of what organ donation entails. Their pain made me question whether the system truly respects the wishes of families and donors alike.

Organ Donation Laws in Missouri

Missouri’s organ donation laws, particularly § 194.220 and § 194.225, govern the process of making anatomical gifts. Here’s an overview of how it works:

1.      Donor Registry: Missouri maintains a First Person Consent Organ and Tissue Donor Registry, which is overseen by the Department of Health and Senior Services. While people can choose to add their names to this registry, it’s entirely voluntary.

2.    Legal Consent: Adding your name to the registry signifies full legal consent to donate your organs or tissues upon death. This consent allows your organs to be used for transplantation, therapy, research, or education.

3.     Withdrawing Consent: Even if you withdraw from the registry, your family or designated agents can still make the decision to donate your organs unless you’ve formally refused under a separate provision (§ 194.235).

4.    Methods to Make a Gift: Donors can authorize anatomical gifts through a driver’s license, a will, or by communicating their intent during a terminal illness or injury in the presence of witnesses.

While these laws are designed to streamline the process and encourage organ donation, they raise critical questions about consent, family dynamics, and the emotional toll on loved ones.

The Case Against Organ Donation

1.      Lack of Family Involvement: Missouri’s laws prioritize the donor’s consent, which can leave families feeling powerless and blindsided in moments of profound grief.

2.    Emotional Trauma: The physical appearance of a loved one after organ procurement can be distressing, as my friend’s parents learned firsthand.

3.     Moral and Ethical Concerns: Organ donation often involves invasive procedures, and some may question whether these align with their personal or religious beliefs.

4.    Pressure to Donate: Society often portrays organ donation as a moral obligation, which can make individuals feel pressured into a decision without fully understanding the consequences. 

Making an Informed Decision

Organ donation is a deeply personal choice, and it’s crucial to consider all aspects before deciding. If you’re thinking about becoming a donor, ask yourself:

• Have you discussed this decision with your family?
• Do you understand the emotional and physical impact on your loved ones?
• Are you comfortable with how your body might be treated after death?

While I respect those who choose to donate, my experience has shown me the importance of careful consideration and open conversations with family members. Ultimately, your decision should reflect your values, beliefs, and priorities.

Missouri’s organ donation laws aim to simplify the process, but they can leave families unprepared for the emotional challenges that come with it. My friend’s story serves as a sobering reminder that what seems like a selfless act can have unforeseen consequences for those left behind. Before you make a decision about organ donation, take the time to weigh the pros and cons and discuss it with your loved ones.