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If this is introduced, people will have to have all relevant information
EDITOR Under our present system, willingness to donate organs is a positive
offer. People who carry donor cards, and those on the NHS Organ Donor
Register, have agreed to the removal of various organs "after my
death" (the wording on the card) and may have no idea of the
condition they will be in if the offer is taken up. They may never have
given the matter serious consideration.
People would probably have the greatest difficulty in obtaining the
information that artificial ventilation and spontaneous heart beat and
circulation will continue after they are pronounced brain stem dead
while some brain and even brain stem activity persists. It remains a
common misconception that all life support is withdrawn before surgery
or organ harvesting begins. Further, it is not generally known that
some anaesthetists give full anaesthesia for organ harvesting while
others paralyse the patient but withhold anaesthesia.
If consent is to be presumed there is a prior obligation to provide the
population with all relevant information in readily accessible form.
Failure to do so might risk charges of deception by silence and
omission. Public suspicion of transplant practices seems to have been
behind the recent repeal of a presumed consent law in
Brazil.3
If a system of presumed consent is to be introduced it must ensure that
those whose silence is taken to presume consent are fully aware of all
the relevant facts.
Beecham reports that the BMA wants to start a debate on presumed
consent to organ donation.1 Ethically, consent should be
informed, whether it is expressed or presumed. Presumed consent to
organ donation takes for granted that everyone who has not registered
an objection consents to their organs being taken for the benefit of
others when they are brain stem dead and that they understand what this
state is. It is not, however, death as ordinarily understood. Nor is it
"brain death" as defined in various parts of the world. Its status
is controversial, not least because claims that, for example, it
invariably leads to death within a few hours or days are no longer
tenable.2
The Old Post Office, Eltisley, Cambridgeshire PE19 4TG
Tony C Palmer
12 Adams Road, Cambridge CB3 9AD
David W Evans
27 Gough Way, Cambridge CB3 9LN
dwevans{at}dcoe.globalnet.co.uk
| 1. |
Beecham L.
BMA starts debate on presumed organ donation.
BMJ
1999;
318:
131 |
| 2. |
Shewmon DA.
Chronic "brain death". Meta-analysis and conceptual consequences.
Neurology
1998;
51:
1538-1545 |
| 3. | Csillag C. Brazil abolishes "presumed consent" in organ donation. Lancet 1998; 352: 1367[Medline]. |
We know that our daughter lives on
EDITOR Zoë was extremely fit and healthy all her life, but, with the present
inadequate system of having to obtain relatives' consent, two hours
had elapsed before the police and hospital were in touch with us. We
said to the hospital, "Use whatever spare parts you can With so many people dying while waiting for transplants, we feel
that not to use Zoë's young and healthy body for the benefit of lots
of other people was a criminal waste. Nothing could bring Zoë back,
and our grief in losing her is beyond expression. But surely every one
of us, not only doctors, has a moral duty to do everything we can to
give the living the best possible quality of life.
Organ donation costs us nothing but is a gift beyond price to those who
need transplants. Knowing that through her death Zoë has been able to
help restore sight to a 24 year old man and improve the quality of life
of two children who were given her heart valves makes us very proud; we
feel that a little of our wonderful, loving, caring daughter lives
on with them.
We will watch the unfolding of the presumed consent debate with
interest. In the light of our own experience, we are passionately in favour.
The news that the BMA wants to start a debate that could bring
in legislation to presume consent is extremely
heartening.1 As parents of a 22 year old girl who died in
a road accident last September we feel very strongly about this. Our
lovely daughter Zoë was very keen that her body should be used to
help other people enjoy their lives if she should die.
that is what
Zoë wanted." But by that time it was only possible to retrieve her
corneas and heart valves.
Richard Cansdale
The Baker's Chest, Hartburn, Morpeth NE61 4JB
1.
Beecham L.
BMA starts debate on presumed organ donation.
BMJ
1999;
318:
131. (9 January.)
© BMJ 1999
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