Presumed consent for transplantation: A dead issue after Alder Hey?

Journal of Medical Ethics

Volumn 29, Issue 3, 2003, Pages 147-152

  English, V ^a   Sommerville, A ^a  

^a BRITISH MEDICAL ASSOCIATION   (United Kingdom)

Author keywords

[No Author keywords available]

Indexed keywords

AUTOPSY; CONSULTATION; FAMILY; HEALTH CARE SYSTEM; HUMAN; INFORMED CONSENT; MEDICAL DECISION MAKING; MEDICAL EDUCATION; MEDICAL ETHICS; MEDICAL RESEARCH; MEDICAL SOCIETY; MEDICOLEGAL ASPECT; ORGAN DONOR; ORGAN TRANSPLANTATION; RELATIVE; REVIEW; UNITED KINGDOM; VALIDATION PROCESS;

ANALYTICAL APPROACH; BRITISH MEDICAL ASSOCIATION; HEALTH CARE AND PUBLIC HEALTH;

ATTITUDE TO HEALTH; FAMILY; HUMANS; MORALS; PERSONAL AUTONOMY; PRESUMED CONSENT; PUBLIC OPINION; TISSUE AND ORGAN PROCUREMENT; TISSUE BANKS; TRANSPLANTATION;

EID: 0038466171     PISSN: 03066800     EISSN: None     Source Type: Journal    
DOI: 10.1136/jme.29.3.147     Document Type: Review

References (40)

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3. Written answer: organ donor register. House of Commons official report (Hansard) 2002 June 13, vol 1386, no. 158: col 1445W.
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5. The Human Tissue Act 1961 provided for inquiries to be made about whether the deceased or the relatives had any objection to the retention of organs and tissue but it was unclear about how rigorous such inquiries had to be and what information had to be given to relatives. There was no proper definition of what human material was covered by the act and no effective sanctions for breaching it.
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8. See reference 2: 2.
9. In July 2000, an Omnibus survey of 2000 people carried out on behalf of the National Kidney Research Fund found that 57% of those questioned would support a system of presumed consent. In February 2001, a telephone poll conducted by the BBC's Watchdog Healthcheck attracted nearly 52 000 callers of whom 78% supported a shift to presumed consent. A survey of MPs carried out in March 2001 by the National Kidney Research Fund found that 59% of the 163 MPs who completed the questionnaire supported a shift to presumed consent.
10. See reference 1: 408.
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13. See reference 1: 400.
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28. For a good discussion of different laws on organ donation see reference 4.
29. Human Tissue Act 1961 for England, Scotland, and Wales and Human Tissue Act (Northern Ireland) 1962 for Northern Ireland.
30. Provided individuals have a genuine opportunity to opt out of donation, it is difficult to envisage any breach of people's legal rights including those conferred by the Human Rights Act.
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32. Two studies undertaken in Spain found that 30% of families that refused consent would have changed their minds one year later. These studies were quoted in: Council of Europe. Meeting the organ shortage. Current status and strategies for improvement of organ donation. Strasbourg: Council of Europe, 1999.
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40. See reference 14: 62.