Dilemmas and experiences regarding the implementation of Law 1805 of 2016. Dilemas y vivencias frente a la implementación de la ley 1805 de 2016

Abstract

In Colombia, the law 1805/2016, extends the legal presumption of organ donation to all adults who during life do not express denial regarding this matter. Diverse positionings involve ethic and bioethics aspects, intensifying the moral and legal debate caused by this law. Objective: Analyze the bioethical dilemmas that emerge in the healthcare personnel regarding the presumption of legal donation and the experiences of patients in the waiting list, considering the law 1805/2016. Material and Methods: Phenomenological study with multiple triangulation and qualitative approach, through semi-structured interviews, round table discussions and focus groups. Key informants: 7 patients on the waiting list and 19 healthcare professionals from three intensive care units. Results: It was found that the implementation of this regulation convenes a third party, the organ and transplant network, which hardly interacts with the health team during the rescue of organs, a situation that generates dilemmas between the principle of distributive justice, involving the patients on the waiting list, and the principle of respecting the grief of the family of the deceased. The tensions of the patients are related to the transplant, which represents a hope for life, surrounded by multiple requirements. Conclusion: The health care personnel face bioethical dilemmas caused by the lack of education and sensibilization from the regulations. The patients experience ethical tensions, which are based on the experiences of previous behaviors regarding the longing for transplantation, visualized as a second opportunity.