A hospital in Kurashiki City asked me an explanation of the revised Organ Transplant Law enforced on July 17. My explanation was the following.
①Tachibana Takashi insisted as follows.
"The present brain death standard is a standard 'Not survived any longer', and not true criterion for brain death. "Not survived any longer" is quite different from " the person is already dead". The doctor must treat the patient in "Not survived any longer" state. For instance, if the patient is getting a stomach cancer, this is natural. It is wrong that the traumatic brain injury is an exception. Therefore, it is equal to the vivisection to remove internal organs by the present brain death standard. " This criticism has not been denied yet.
②Still, the standpoint of Takashi Tachibana is "The brain death is the person's death". There is an insistence that denies "the brain death is the person's death" more plainly,. There are people who insist that "President of the United States bioethics council" mistaked .
③Moreover, the diagnosis "Only the organ transplant is an effective remedy" is also often uncertain. When the organ transplant is not done, according to a certain investigation, the patient's passage is not too bad compared with the case to transplant . In addition, there is a person who has the doubt of organ transplant. A patient hoped his priority level went up as the colleague patient died. He got wounded deeply by that. l it was a testimony in the Diet.
④Nevertheless, the self-decision of the donor himself became unnecessary by revising this Organ Transplant Law, and less than 15-year-old infant came to be able to become a donor along with it. However, brain death criteria in less than six-year-old child do not exist.
⑤Moreover, the previous law had been decided, "The brain death = person's death" only in case of the organ transplant. It unconditionally put it away as "The brain death = person's death" in a new law. Therefore, treating the brain death person became equal to the treatment of the dead. Therefore, "The health insurance is applied to treatment to the brain death person for the time being" was decided. When the relative refuses the organ donation to final after patient's declaration of brain death, treatment is not discontinued.
However, people's doubts grow.
When the doctor does the declaration of brain death besides the organ transplant purpose, and diagnosed the brain death, is treatment done?
In the press report on May 21, the Democratic Party started the preparation for legalizing breaking off of the treatment of a clinical brain death to the patient.
Only this report might be the answer. The legalization of the right to die and euthanasia starts here.
Self-deciding the death at that time becomes a reason why the death is compelled. Moreover, Engelhardt's "Person theory" might play the role. It is ranking of the characters. ① free character,② subordination character , ③ imperfect character that can only suffer pains ,④existence that should be protected within the range where load doesn't rest upon and and societies .Such a rash insistencemight be performed as Global standard ,because in Japan it becomes a reason that atheory is powerful in the United States .
⑥The WHO general meeting was decided to limit the making a passage organ transplant in May, 2010. Only the making a passage organ transplant from the poor country to the advanced country is permitted.
We should think about the Organ Transplant Law revision from the standpoint where the equality of the life is esteemed.
We should examine the right of health. It is necessary to examine the right of health from many fields, with the standpoint of medical ethics ,the standpoint of the human rights ,and the standpoint of a social epidemiology.
Conclusion:As the issue of right of health,
① social epidemiology must show no existence of the self-responsibility of health,② human rights method must show that self-decide of the patient should be supported by the maximum level of the human rights esteem obligation of the nation , ③medical ethics must show no permission for ranking the characters.
最近のコメント