The going back on one's word rate of donation of bone marrow of China is 20 Patient's condition or disasters pile up on one another

The going back on one's word rate of donation of bone marrow of China is 20 Patient's condition or disasters pile up on one another
It gifts and promises the news pegging not long ago to donate the bone marrow, a bone marrow donor in Yunnan Province encountered the mechanical breakdown of the hospital in the course of gathering a stem cell, go back on one's word while changing collection two times of hospital and refuse to donate, is faced accelerating the death by the persons who donate. This incident lets the bone marrow donor should bear legal liability and become the hot spot of society to refuse to donate the behavior, dispute endlessly so far. 20% of the Chinese bone marrow storehouses of going back on one's word rate of donation of bone marrow of our country have already developed over 1,320,000 volunteers of donation of bone marrow, but after the bone marrow is worthy of succeeding for the first time, the volunteer's going back on one's word rate reaches 20%. It is reported, the volunteer of donation of bone marrow of U.S.A. refuses the donating rate to be up to nearly 50%, the Japanese scholar counts there are about 60% that refuse to donate in the Asian volunteer finally, the main factor among them is family's pressure. Guarantee to donate " Voluntary " , " free " It has been a basic principle followed in organ transplant all the time, the laws, policies about organ donation of various countries pay attention to protecting donors very much. U.S.A. national database, donor of bone marrow, declare constantly, the donation of bone marrow is voluntary forever, the volunteer should tell can cancel and agree in the last minute before implementing the transfer operation of bone marrow. The donation of bone marrow of the world is organized but also claim the donor can withdraw at any time. However, because bone-marrow transplantation is taken " clear marrow " by the persons who donate ,That is to destroy the hematopoietic system of one's own immunity, could accept the new stem cell of the donations, the donor yes the patient " The clear marrow " And then refuse to donate, must enable patient's condition disasters pile up on one another. So, various countries generally require the persons who are being donated " clear marrow " And then, the donor should no longer go back on one's word, and patient's " clear marrow " Refuse to donate in the going back on one's word of former volunteer, not only there is no legal liability, but also should not be condemned on morality and justice. The bone marrow is not regarded as the property in our country legally, there is no clear regulation to the donation of bone marrow in public service law, blood donating law, and the human organ transplant regulations provision is " engaged in tissue such as human cell and cornea, bone marrow to transplant, not covered by this regulation " . We can say, so far, the relative blank of legislation about bone-marrow transplantation. In reality, mix successful volunteer until the intersection of Chinese and the intersection of bone marrow and the intersection of storehouse and the intersection of possession and administrative center sign " high to tell finding the letter of consent in the know " for the first time often, do the physical examination before donating, the physical examination is normal signature " donated the hematopoietic stem cell's letter of consent ". Volunteer and patient are two-way and anonymous, high resolution check fee, fee of physical examination of the person who support, hematopoietic stem cell taking place in whole workflow gather to the fee, traffic expense and donor and delay work the fee etc., told the patient to pay separately through being in charge of a doctor by the Chinese bone marrow storehouse. If the volunteer goes back on one's word after it is qualified that it is high to distinguish detection, physical examination and refuses to donate, bring to patient from hope to disappointed psychological injury, cause actually, it cures the disease to be already debt-ridden property loss of patient often. Because the case lodged a complaint by the patient of going back on one's word temporarily that there were donors as far back as 2006. Because the donation of bone marrow is a kind of public service behavior, what responsibility clause the behavior should be born not to go back on one's word about the donor in donating and knowing the love letter, letter of consent, therefore can't investigate the volunteer's legal liability. Moreover, even the clear rights and obligations of signing a contract with the donor of the persons who are donated, also because the contract law of our country is directed against it is property, do not regard the human organ as the property in law, can't say that form a contract of gift. Have about bone-marrow transplantation corresponding legal provision, the contract might have law ensure being regarded as invalid. Moreover, except providing disaster relief, poverty alleviation and contract of gift notarized can't be cancelled, the parties can all go back on one's word before gifting and paying. Therefore if the party changes and donates the attitude before the transfer operation of bone marrow, can investigate its legal liability in no legal provision. The bone marrow donor has not agreed on the obligation The persons who are being donated " The clear marrow " And then, the donor goes back on one's word, refuse to continue gathering and donating again because of the mechanical disorder, whether this is in the whole country or the first. Though it is influenced that the bone marrow transfer operation is mainly gone back on one's word midway by the donor, but the donor goes back on one's word the behavior is mainly caused by gathering the medical apparatus of the hospital and breaking down. Should the hospital bear legal liability? According to the relevant legal provisions of our country, can fix when passing malpractice qualification. But whether the donor needs to shoulder legal responsibility for patient, it is a question not getting around all the time. Some time after the incident happens, a lot of net friends criticize a donor, advise patient relatives to lodge a complaint and investigate donor's legal liability. Because of the relative blank of legal provision of relevant bone marrow transplant, donor's legal obligation not concrete, because the bone marrow is not regarded as the property legally at the same time, the donor's donation promises not to be covered by the contract law, the donor has not agreed on the obligation either. Moreover gather peripheral the intersection of blood and hematopoietic stem cell belong to " the same time " in some regulation of country two day continuously Donate, but in this incident, it is gathered in two days continuously that the donor has not been told in advance to take, the donor lies on the operating table cooperating with the hospital to gather and fulfil the commitment donated already. Should guard one's own border sincerely in law Donor yes' patient is because he agrees to donate " The clear marrow " Going back on one's word behavioring, generally thinking to be an ethical question at present and nonlegal issuing before this. The donor yes the patient " The clear marrow " Refusing to donate the behavior, unless the law stipulated clearly, unable to investigate its legal liability from behavioral properties. Even on aspect of morals, a lot of people do not think the donor's behavior of going back on one's word should receive ethical condemnation, because unless there are particular obligations, people have no right to require no one to take one's life in one's hands to succour another person, this donor in and Yunnan lies on the operating table carrying on the donation once, have already reflected heart and devotion of public service are brave. Though the donor yes' patient " The clear marrow " And then refuse to donate, bring the losses on the spirit and property to patient, but in order to encourage more wishes of people to donate, while issuing the legal provision about bone-marrow transplantation instantly and in the future, should guard one's own border sincerely, try hard to protect donors instead of turning the obligation on the morals into the legal obligation too much in law, increase the donor's legal liability. Extend and read the organ and buy and sell one kind that disputable bone-marrow transplantation has been organ transplant all the time freely, it become the intersection of treatment and hematopoietic the intersection of function and unusual, the intersection of immunological function and defect, the intersection of blood and systematic effective treatment of malignant tumour, it is not the unevenness between supply and demand all the time of allogenic bone-marrow transplantation of the blood relationship. Our country has about 1 million patients waiting for the hematopoietic stem cell to transplant at present, and just a person donates the bone marrow in 10,000 average people, tens of thousands of patients pass away in waiting hopelessly every year. Famous economics professor Gary and Becker and famous law professor Richard A Posner think that should allow the free deal of organ ,Can solve the problem that the organ support the body to be insufficient effectively. 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U.S.A. established the national bone marrow donor's database in 986, a lot of countries establish the national bone marrow donor's database supported by related departments of the government, manage and standardize volunteer's raising, patient and search the mixing type, transplant item of relevant service,etc. in unison, our country was restarted and built work of donor's database of bone marrow by Red Cross Society of China in 2001 too.

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