Re: Margaret McCartney: When organ donation isn’t a donation
Dear Margaret: thank you for your insightful article.
Wales does not have a “soft opt-out system” because the law in Wales states that the deemed consent of the deceased has precedence - which conflicts with the definition of a soft opt-out system (Nuffield Council on Bioethics, 2011).
The Human Transplantation (Wales) Act 2013 is not about donation but about the removal of organs. The Explanatory Memorandum (2013) states that families are “…involved…to answer important questions…” but the Explanatory Memorandum states the families “…do not have a legal veto…”; a veto is central to a soft-opt out system (Nuffield Council on Bioethics, 2011).
The Welsh Assembly Government (2016) stated that “10 people had their consent deemed because they had not registered a decision to either opt-in or opt-out of becoming an organ donor…74% of the Welsh public could describe the changes to the system...”.
The most biased assessment in favour of the forced removal of organs by deemed consent would have to admit that two or three people (26% of the 10) had their organs removed without informed consent.
It is likely that more than three of the 10 were not aware of the changes to the system because younger adults are less likely to know of the legislation and they are a fruitful source of organs.
In my opinion there is continuing shame on the Welsh Assembly Government who legislated for the Human Transplantation (Wales) Act 2013 and on the BMA Wales for their support for the Act.
There is a not a shortage of organs in Wales or elsewhere in the United Kingdom. There are systemic problems linking voluntary donations of organs with recipients.
Evidence sources include the Academy of Royal Colleges Wales, Welsh Intensive Care Society and the UK Faculty of Intensive Care Medicine.
Rapid Response:
Re: Margaret McCartney: When organ donation isn’t a donation
Dear Margaret: thank you for your insightful article.
Wales does not have a “soft opt-out system” because the law in Wales states that the deemed consent of the deceased has precedence - which conflicts with the definition of a soft opt-out system (Nuffield Council on Bioethics, 2011).
The Human Transplantation (Wales) Act 2013 is not about donation but about the removal of organs. The Explanatory Memorandum (2013) states that families are “…involved…to answer important questions…” but the Explanatory Memorandum states the families “…do not have a legal veto…”; a veto is central to a soft-opt out system (Nuffield Council on Bioethics, 2011).
The Welsh Assembly Government (2016) stated that “10 people had their consent deemed because they had not registered a decision to either opt-in or opt-out of becoming an organ donor…74% of the Welsh public could describe the changes to the system...”.
The most biased assessment in favour of the forced removal of organs by deemed consent would have to admit that two or three people (26% of the 10) had their organs removed without informed consent.
It is likely that more than three of the 10 were not aware of the changes to the system because younger adults are less likely to know of the legislation and they are a fruitful source of organs.
In my opinion there is continuing shame on the Welsh Assembly Government who legislated for the Human Transplantation (Wales) Act 2013 and on the BMA Wales for their support for the Act.
There is a not a shortage of organs in Wales or elsewhere in the United Kingdom. There are systemic problems linking voluntary donations of organs with recipients.
Evidence sources include the Academy of Royal Colleges Wales, Welsh Intensive Care Society and the UK Faculty of Intensive Care Medicine.
Competing interests: No competing interests