Organ Donation - Consent

Question 1

Informed Consent - KU

Answer 1

• If the system is one of informed consent, then to become an organ donor when you die, you must at some point have informed the government/NHS of your decion to be an organ donor by asking to be added to the organ donation register
• This is sometimes known as an opt-in system
• IF you do not sign up to be registered then the NHS cannot use your tissue or organs.
• In the Uk under informed consent, if you have not made a decision regarding organ donation, a specialist nurse will work with your family so that they have the opportunity to provide the most up-to-date information regarding your views on being a donor, which will be respected

Question 2

Presumed Consent - KU

Answer 2

• IF the system is a presumed consent system, then it is presumed that you are an organ donor unless you have expressed to the NHSthat you do not ant to donate your organs when you die
• THis is sometimes known as an opt-out system
• In the UK the main system of consent is a ‘soft presumed’ system where it is presumed you are an organ donor; however a specialist nurse will still talk to close family members about your views on donation
• If family members are not aware that you wished to be a donor then they can override the system of presumed consent and stop the donation from taking place
• One of the main challenges facing organ donation is that there is always a waiting list: globally the demand for organs is always much greater than the supply
• The issue of consent has a big impact on the supply of organs with the belief that presumed consent systems increase the number of organ donors

Question 3

Moral Issues raised by informed and presumed consent; Vulnerable in society

Answer 3

• There are those in society who are considered vulnerable and might not understand the charges in legislation or the need to act if they do not wish their consent to be presumed with regards to organ donation
• The soft opt-out system in Scotland seems to accomadte for this by excluding under 16 and adults who have lived in Scotland for less than 12 months

Question 4

Moral Issues raised by informed and presumed consent; rights

Answer 4

• The system of consent has a huge impact on human rights
• One right that everyone has is the right to privacy and opting in or out menas that you have to declare you position on organ donation to others
• In an informed system, if you didn’t want to be an organ donor you could keep your views or beliefs private; however, if you don’t want to be an organ donor and the system moves to one of presumed consent then you must give up your right to privacy by making the NHS aware of your decision
• Another way in which consent can impact rights is that not consenting to be an organ donor, or asking to opt out from a presumed system, may be seen as selfish in that it denies those who need a transplant the right to life or the right to social service (medical care)

Question 5

Moral Issues raised by informed and presumed consent; Giving

Answer 5

• An informed consent system means that those who opt in have an opportunity to give (donate) something to someone as an act of generosity
• In a presumed system that option is taken away as rather than donating your organ, our are simply not objecting that it is being taken from you
• This removes an opportunity for kindness and compassion towards others

Question 6

Religious responses to Moral Issues raised by informed and presumed consent; Sanctity of life

Answer 6

-Sanctity of life is always central to the Christian response in medical ethics
- Think about the four main beliefs regarding the sanctity of life: that humans are MAde in Gods image that life if wonderfully made and a gift from God, that God is sovereign and the command that Thou shall not kill
- Most Christian’s overwhelmingly support organ donation, s Dr Barry Morgan explains, ‘Giving organs is the most generous act of self-giving imaginable’. Think about how these beliefs might interact with some of the moral issues we have explored

Question 7

Religious responses to Moral Issues raised by informed and presumed consent; Church Of Scotland

Answer 7

• The Church of Scotland also said that here would need to be clear evidence that changing the system would provide more organs for transplantation
• the leaflet entitled ‘Transplantation’ states that it is important to consider that “such a change could discriminate against groups who might not be aware of any change, through lack of knowledge or understanding”

Question 8

Non-Religious responses to Moral Issues raised by informed and presumed consent; The BMA

Answer 8

• The British Medical Association (BMA) has been supporter of the law changing to soft opt-out system for organ donation
• They state ‘we believe this is the best option for the UK to reduce the shortage of organs and save lives’

Question 9

Non-Religious responses to Moral Issues raised by informed and presumed consent; Humanists

Answer 9

• The Humanists response is very much in favour of a system of presumed consent and humanists have campaigned for a change to the legislation in the UK
• Humanists believe that ‘an opt out system increases the number of organs available for transplant, saving lives’