presumed consent

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Nudge: Improving Decisions About Health, Wealth, and Happiness

by Richard H. Thaler and Cass R. Sunstein  · 7 Apr 2008  · 304pp  · 22,886 words

within broad limits, individuals should be able to decide what is to be done with and to their bodies. Presumed Consent A policy that can pass libertarian muster by our standards is called presumed consent. Presumed consent preserves freedom of choice, but it is different from explicit consent because it shifts the default rule. Under this

the policy becomes. Recall that libertarian paternalists want to impose low costs, and if possible no costs, on those who go their own way. Although presumed consent is, in a sense, the opposite of explicit consent, there is a key similarity: under both regimes, those who don’t hold the default preference

will have to register in order to opt out. Let’s suppose, for the sake of argument, that both explicit consent and presumed consent could be implemented with “one-click” technology. Specifically, imagine that the state could successfully contact every citizen (and the parents of minors) by email, asking

state where the default was not to be an organ donor, and they were given the option of confirming or changing that status. In the presumed consent version, the wording was identical but the default was to be a donor. In the third, neutral, condition, there was no mention of a default

donors in the neutral condition. Although nearly all states in the United States use a version of explicit consent, many countries in Europe have adopted presumed consent laws (though the cost of opting out varies, and always involves more than a click). Johnson and Goldstein have analyzed the effects of such laws

by comparing countries with presumed consent to those with explicit consent. The effect on consent rates is enormous. To get a sense of the power of the default rule, consider the

an opt-in system, only 12 percent of the citizens gave their consent, whereas in Austria, nearly everyone (99 percent) did. Some Complexities So far, presumed consent looks awfully good, but we must stress that this approach is hardly a panacea. A program that successfully gets organs from deceased donors to needy

, compared with a bit more than twenty donors per million in the United States. But the U.S. donation rate is higher than in many presumed consent countries because of the superiority of the American medical system in quickly matching consenting donors with recipients, delivering the organs, and performing successful transplants. The

thing that matters. Still, careful statistical analyses by the economists Abadie and Gay (2004) find that, holding everything else constant, switching from explicit consent to presumed consent increases the donation rate in a country by roughly 16 percent. Johnson and Goldstein obtain a slightly smaller but similar effect. Whatever the precise figure

. Determining the exact effect of changing the default rule is difficult because countries vary widely in how they implement the law. France is technically a presumed consent country, but physicians routinely ask the family members of a donor for their permission, and they usually follow the family’s wishes. This policy blurs

the distinction between presumed consent and explicit consent. Still, the default rule does matter. In the United States, if there is no explicit donor card for survivors to see, families

reject requests for donations about half the time. The rejection rate is much lower in countries with presumed consent rules, even though there is typically no record of the donor’s wishes. In Spain the rate is about 20 percent, and in France it

silence is presumed to indicate a decision to donate rather than when it is presumed to indicate a decision not to donate. A system of presumed consent allows organ procurement organizations and hospital staff to approach the family as the family of a ‘donor’ rather than as the family of a ‘nondonor

.’ This shift may make it easier for the family to accept organ donation.”5 Mandated Choice Although presumed consent is an extremely effective way to increase the supply of organs available for transplant, it may not be an easy sell politically. Some will object

option to procrastinate about making a decision, they will often take that option. We suspect that mandated choice would produce fewer registered donors than a presumed consent policy, but it could still lead to a significant increase in donations and hence save a lot of lives. And it seems likely that family

donor who actively said “yes” compared with a donor who simply failed to say “no.” Norms We think that states should give considerable thought to presumed consent or mandated choice, on the grounds that either approach would be likely to save many lives while also preserving freedom. But even under a system

tie the knot.” 9. An interesting defense of such laws can be found in Frank (1985). BIBLIOGRAPHY Abadie, Alberto, and Sebastien Gay. “The Impact of Presumed Consent Legislation on Cadaveric Organ Donation: A Cross Country Study.” NBER Working Paper no. W10604, July 2004. http://ssrn.com/abstract=563048. Abdulkadirolu, Atila, Parag A

Ford, Harrison (k) plans framing France, organ donations in Franklin, Benjamin freedom of choice, danger of overreaching, elimination of, Just Maximize Choices, opposition to, and presumed consent, and required choice frequency Friedman, Milton friendly discouragement fungibility gains and losses gambling, low stakes, mental accounting in, self-bans, and strategy Gandhi, Mohandas gas

“opt-out” policy Oreopoulos, Phil organ donations, “brain dead” sources of, complexities in, default rule in, explicit consent in, inertia in, mandated choice, market in, presumed consent, rejection rate in, routine removal, social norms overconfidence ozone layer painting a ceiling paint store Parker, Tom, Rules of Thumb parking garages paternalism: asymmetric, and

networks; poor choices made in, price differences in, random default, RECAP proposal for, restructuring of, simplicity needed in, Web site as tool for Prestwood, Charlie presumed consent, and organ removal prices, and incentives priming procrastination publicity principle public policy, and framing random processes: neutrality in, patterns in, “streak shooting,” Rawls, John Read

The Transhumanist Reader

by Max More and Natasha Vita-More  · 4 Mar 2013  · 798pp  · 240,182 words

such enhancements. So again, safe genetic interventions that improve a prospective child’s health, cognition, and so forth would be morally permissible because we can presume consent from the individuals who benefit from the enhancements. Many opponents of human genetic engineering are either conscious or unconscious genetic determinists. They fear that biotechnological

The Elements of Choice: Why the Way We Decide Matters

by Eric J. Johnson  · 12 Oct 2021  · 362pp  · 103,087 words

role of defaults in donation decisions summarizes data from many subsequent studies. It concludes that the rates of consent, donation, and transplantation are higher under “presumed consent” (opt-out) policies than under so-called explicit consent policies. But that review suggests that there are other important factors involved the organ donation decision

The way the choice is posed to families is its own choice architecture. The question to the family can be framed as either explicit or presumed consent. One example is a “presumptive approach” designed to increase agreement. It focuses on the benefits of donation to the recipient and the opportunity to save

from buyers: if you did not actively cancel your subscription after the three months, you started paying for these channels. This is what we called presumed consent when we talked about organ donation. Lawyers have another name: they call opting out a negative option. By accepting the promotion at the initial decision

Advice.” 5. Decisions by Default 1. Johnson and Goldstein, “Do Defaults Save Lives?” 2. Thaler and Sunstein, Nudge. 3. Abadie and Gay, “The Impact of Presumed Consent Legislation on Cadaveric Organ Donation: A Cross-Country Study.” 4. Abadie and Gay’s study uses a more sophisticated technique and a larger set of

Johnson and Goldstein paper. A systematic review was done in Britain just before the British considered changing the policy: see Rithalia et al., “Impact of Presumed Consent for Organ Donation on Donation Rates: A Systematic Review.” This report looked at studies that compared countries and those that changed and concluded that defaults

donate. These researchers find some evidence of this, but the effect is not large enough to overcome the effect of defaults. Bilgel, “The Impact of Presumed Consent Laws and Institutions on Deceased Organ Donation,” argues that the effects of defaults depend upon these other factors. A challenge in this entire literature is

the increase in transplants, but this is weaker evidence than a causal demonstration. 5. Steffel, Williams, and Tannenbaum, “Does Changing Defaults Save Lives? Effects of Presumed Consent Organ Donation Policies.” 6. The original Singapore law applied only to kidneys available after accidental deaths for non-Muslims. For example, the number of kidney

five per year before the original 1987 law to over forty-nine after the 2004 revision: see Low et al., “Impact of New Legislation on Presumed Consent on Organ Donation on Liver Transplant in Singapore: A Preliminary Analysis.” The Chilean experience is documented in Zúñiga-Fajuri, “Increasing Organ Donation by

Presumed Consent and Allocation Priority: Chile.” The Welsh experience followed a long study by the United Kingdom; see “Wales’ Organ Donation Opt-Out Law Has Not Increased

written about in Smith, Goldstein, and Johnson, “Choice Without Awareness: Ethical and Policy Implications of Defaults,” and in Chapter 10. 8. Fabre, Murphy, and Matesanz, “Presumed Consent: A Distraction in the Quest for Increasing Rates of Organ Donation.” 9. Zink and Wertlieb, “A Study of the Presumptive Approach to Consent for Organ

“2019 National Survey of Organ Donation.” The impact of such a possible change is discussed in DeRoos et al., “Estimated Association Between Organ Availability and Presumed Consent in Solid Organ Transplant.” 12. “Organ Trafficking: The Unseen Form of Human Trafficking”; May, “Transnational Crime and the Developing World.” 13. Becker and Elias, “Introducing

Discounting in Intertemporal Choice”; Dinner et al., “Partitioning Default Effects: Why People Choose Not to Choose.” Bibliography Abadie, Alberto, and Sebastien Gay. “The Impact of Presumed Consent Legislation on Cadaveric Organ Donation: A Cross-Country Study.” Journal of Health Economics 25, no. 4 (July 2006): 599–620. doi:10.1016/j.jhealeco

Dominated Option.” Quarterly Journal of Economics 132, no. 3 (2017): 1319–72. doi:https://doi.org/10.1093/qje/qjx011. Bilgel, Fırat. “The Impact of Presumed Consent Laws and Institutions on Deceased Organ Donation.” European Journal of Health Economics 13, no. 1 (September 17, 2010): 29–38. doi:10.1007/s10198-010

, no. 4 (January 6, 2018): 1–3. doi:10.1007/s11606-017-4286-5. DeRoos, Luke J. et al. “Estimated Association Between Organ Availability and Presumed Consent in Solid Organ Transplant.” Jama Network Open 2, no. 10 (October 2, 2019): e1912431. doi:10.1001/jamanetworkopen.2019.12431. DeShong, Travis. “Do Drivers Think

-from-lightbank-match-com-co-founder. Ezarik, Justine. “iPhone Bill.” YouTube, August 13, 2007. https://youtu.be/UdULhkh6yeA. Fabre, John, Paul Murphy, and Rafael Matesanz. “Presumed Consent: A Distraction in the Quest for Increasing Rates of Organ Donation.” BMJ 341, no. 2 (October 18, 2010): c4973. doi:10.1136/bmj.c4973. Farzan

-justice. Low, How-Cheng, Maureen Da Costa, Krishnan Prabhakaran, Manjit Kaur, Aileen Wee, Seng-Gee Lim, and Chun-Tao Wai. “Impact of New Legislation on Presumed Consent on Organ Donation on Liver Transplant in Singapore: A Preliminary Analysis.” Transplantation 82, no. 9 (November 15, 2006): 1234–37. doi:10.1097/01.tp

Social Psychology 100, no. 5 (2011): 777–93. doi:10.1037/a0022460. Rithalia, Amber, Catriona McDaid, Sara Suekarran, Lindsey Myers, and Amanda Sowden. “Impact of Presumed Consent for Organ Donation on Donation Rates: A Systematic Review.” BMJ 338 (January 15, 2009): a3162. doi:10.1136/bmj.a3162. Robbins, Liz. “Lost in the

–49. doi:10.1111/j.1540-6261.2009.01518.x. Steffel, Mary, Elanor F. Williams, and David Tannenbaum. “Does Changing Defaults Save Lives? Effects of Presumed Consent Organ Donation Policies.” Behavioral Science and Policy 5, no. 1 (2019): 68–88. doi:10.1353/bsp.2019.0005. Sunstein, Cass R., and Lucia A

the United States of America 114, no. 52 (December 26, 2017): 13643–48. doi:10.1073/pnas.1712757114. Zúñiga-Fajuri, Alejandra. “Increasing Organ Donation by Presumed Consent and Allocation Priority: Chile.” Bulletin of the World Health Organization 93, no. 3 (March 1, 2015): 199–202. doi:10.2471/blt.14.139535. Zwank

Poterba, James, 199 Practice Fusion, 317–18 preference assembly. See assembled preferences prepaid cards, 5, 127–28 present bias, 39, 41 presidential elections. See elections presumed consent, 112–16, 116, 119, 127 price sensitivity, 212, 279, 314 pricing, 212 auto buyers, 150 health insurance, 14–15 hotel rooms, 202 menus, 219–20

Naked Economics: Undressing the Dismal Science (Fully Revised and Updated)

by Charles Wheelan  · 18 Apr 2010  · 386pp  · 122,595 words

. This idea has profound implications when it comes to something like organ donation. Spain, France, Norway, Israel, and many other countries have “opt-out” (or presumed consent) laws when it comes to organ donation. You are an organ donor unless you indicate otherwise, which you are free to do. (In contrast, the

donor unless you sign up to be one.) Inertia matters, even when it comes to something as serious as organ donation. Economists have found that presumed consent laws have a significant positive effect on organ donation, controlling for relevant country characteristics such as religion and health expenditures. Spain has the highest rate

of cadaveric organ donations in the world—50 percent higher than the United States.14 True libertarians (as opposed to the paternalistic kind) reject presumed consent laws, because they imply that the government “owns” your internal organs until you make some effort to get them back. Good government matters. The more

Sen, Development as Freedom (New York: Alfred A. Knopf, 1999). 14. Giacomo Balbinotto Neto, Ana Katarina Campelo, and Everton Nunes da Silva, “The Impact of Presumed Consent Law on Organ Donation: An Empirical Analysis from Quantile Regression for Longitudinal Data,” Berkeley Program in Law & Economics, Paper 050107–2 (2007). CHAPTER 4. GOVERNMENT

Our Posthuman Future: Consequences of the Biotechnology Revolution

by Francis Fukuyama  · 1 Jan 2002  · 350pp  · 96,803 words

Tribe, Laurence Trivers, Robert Tsien, Joe Turing test Turkey Tuskegee syphilis scandal twin studies typical, meaning of word tyranny failure of of the majority unborn presumed consent of rights of United Kingdom United Nations United States attitude toward regulation attitude toward technology demographic trends in family breakdown in international influence of, re

Work! Consume! Die!

by Frankie Boyle  · 12 Oct 2011

terrible idea to remove pornography from hospitals. It’s pretty much the only reason I visited Dad after his bypass operation. Wales is to introduce presumed consent for organ donation. This should greatly improve patient survival rates … as doctors there offer still-beating hearts as gifts to call upon the healing powers

Animal: The Autobiography of a Female Body

by Sara Pascoe  · 18 Apr 2016  · 276pp  · 93,430 words

bodies, whether they be asleep, or naked or drugged, should be learned like toilet training. It has to be taught. It’s too dangerous to presume consent is obvious and that anyone who gets it wrong is a bad person. This needs deep thought and conversations. And alcohol is a very complicating

Consumed: How Markets Corrupt Children, Infantilize Adults, and Swallow Citizens Whole

by Benjamin R. Barber  · 1 Jan 2007  · 498pp  · 145,708 words

Foundation for the Advancement of Cardiac Therapies FACT). METHODS/RESULTS: We asked for opinions about how to improve organ donation. Of 739 respondents, 75% supported presumed consent” (M. C. Oz et al., “How to improve organ donation: results of the ISHLT/FACT poll,” Heart Lung Transplant, vol. 22, no. 4 [April 2003

Inside the Nudge Unit: How Small Changes Can Make a Big Difference

by David Halpern  · 26 Aug 2015  · 387pp  · 120,155 words

’s no coincidence, then, that one early move of the Brown administration was to float the idea of changing the defaults on organ donation to ‘presumed consent’ – where people would opt out of being donors, rather than opt in. But even this was not quite the right fight for that time or

a version of a successful ‘promoted choice’ approach to organ donation in Illinois could work well in the UK without needing to go for the ‘presumed consent’ method that had been proposed by the previous Brown government and abandoned in the face of public opposition. If it worked, it would be a

to protect the environment’. Current Directions in Psychological Science, 12(4), 105–109. 19 Interestingly, the Welsh Government did continue to pursue the idea of presumed consent. Organ donation was also on the list of early topics for BIT in 2010, though with a subtly different solution in mind. Chapter 2: Nudging

The Precariat: The New Dangerous Class

by Guy Standing  · 27 Feb 2011  · 209pp  · 89,619 words

practitioner (GP) and hope it would be acted upon. Bureaucratic hurdles were deliberately raised, increasing the cost of opting out and giving a bias to ‘presumed consent’. Those least likely to opt out are the uneducated, the poor and the ‘digitally excluded’, mostly elderly without access to online facilities. As of 2010

Misbehaving: The Making of Behavioral Economics

by Richard H. Thaler  · 10 May 2015  · 500pp  · 145,005 words

SuperFreakonomics

by Steven D. Levitt and Stephen J. Dubner  · 19 Oct 2009  · 302pp  · 83,116 words

The Knife's Edge

by Stephen Westaby  · 14 May 2019  · 259pp  · 85,514 words

Think Twice: Harnessing the Power of Counterintuition

by Michael J. Mauboussin  · 6 Nov 2012  · 256pp  · 60,620 words

Lonely Planet Iceland (Travel Guide)

by Lonely Planet, Carolyn Bain and Alexis Averbuck  · 31 Mar 2015

Lonely Planet Iceland

by Lonely Planet