Question

Martin is a 47 years old man who has been hospitalized for two weeks at St John's Hospital in Denver due to severe congestive heart failure. 22 years ago he was submitted to a heart valve replacement surgery in California due to a congenital problem. Doctor Mary Fuller, his cardiologist, believes that the only option for Martin is to have a heart transplant.

Martin was born in Nicaragua, he crossed the border as a tourist 28 years ago and has never returned to his birth country. He married Lina, a Mexican immigrant and they have 2 daughters born in the United States and are currently College Students. He owns a bakery, a Nicaraguan restaurant, and a small hotel in Greeley, CO.

Dr Fuller has told Martin and his family that even if he can pay for the operation he cannot be included in an organ waiting list because he is undocumented.

Can the law regulate human organ distribution based on legal status?

What are the ethical implications you can see in this case?

Answer 1

1. Yes, human organ distribution in the United States is regulated by the Uniform Anatomical Gift Act (UAGA) , drafted by the National Conference of Commissioners on uniform state Laws in 1968 and modified in 1987.By 1973, it had been passed by all 50 states.
2. In this case, Martin can be added to the organ waiting list. After adding list,UAGA check all details of Martin include his social status and history.He is a severe congestive heart failure patient. Martine has been living in Denver for 28 years. He is now a citizen of that country. Martin should have heart transplant surgery soon.