PRESUMED CONSENT IN ORGAN DONATION – LIMITATIONS OF CONSENT MODEL REGARDING TRANSPLANTOLOGY IN POLAND.

Purpose: Organ transplantation is a treatment for patients with end-stage organ failure limited by the number of organs. The aims of this article are: to compare the relevance of the indicated systems for the number of donated organs, to analyze the status of organ donation, to identify current issues and possible measures in order to increase the number of donations from deceased donors in Poland. Design/methodology/approach: The paper refers to theories from behavioral economics: status quo bias, human tendency to procrastinate, aversion to changes. It also analyzes statistical data of donated organs and the number of objections raised in Poland. Findings: There is a widespread public approval for organ donation in Poland, however most people do not state their decisions. Countries with an opt-out system have a higher rate of organ donations. In Poland in 2020 less than 0,1% of population objected to donate organs, yet 12% of potential donors were disqualified due to record in the Central Register of Objections or family’s statement. In 2016 only 20% of population was aware that presumed consent is legally binding. Moreover, 75% have never talked with their relatives about donating their organs. Research limitations/implications: The article relies on general data from statistical databases and population-based survey studies, which do not include detailed information on the subject described, and thus do not provide data for reliable in-depth statistical analysis. Due to unavailability of numeric data on the reasons for abandoning the organ procurement, the article relied on the available general statistical classification. The authors find an qualitative research to be worth considering in the studied area in order to identify profound causes of the problem and to find a target group for future experimental research. Practical implications: As majority of Polish population is pro-donation the presumed consent for organ donation is preferable to increase the number of donors. Social implications: Profound ignorance of the legislations and broad unawareness of the family's preference is the foundation of public fear and uncertainty towards organ donation. Originality/value: As the social factor appears to be the limiting factor for organ procurement it is fundamental to educate the society about transplantation in a relevant way in order to increase the number of donations in Poland. [ABSTRACT FROM AUTHOR]