LAW 2516 Lecture Notes - Lecture 7: Organ Donation, Institute For Operations Research And The Management Sciences
23 May 2018
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Department
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Professor
CONTEXT
❖ Organ donation in Au at all time low
❖ Cth legislation
➢ Au Organ and Tissue Donation and
Transplantation Authority Act 2008
▪ Created national body to standardise
practice across the country, no actual
obligations- left to states
❖ Donation legislated at the state level
➢ Based on model law, each have nuances
❖ National guidelines for organ donation, assists
practicioners
LEGAL DEFINITIONS OF DEATH
❖ Definition of death act: irreversible cessation of
brain function or heart function
DECISION-MAKING IN DECEASED DONATION
❖ Process in SA to become a deceased donor
➢ Register consent on state register or national
register
❖ Consent for donation
➢ Public opinion: 75% believe the individuals
decision should be legally binding, persons
next -of-kin should not be able to overturn
decision
➢ Policy: donation does not proceed if next-of-
kin objects
➢ In practice:
▪ 10% of cases where individual registered for
donation, family declined, donation did not
proceed
▪ Family more likely to consent If individual
has registered
❖ Legal authority
➢ death in hospital
▪ desigated officer doctor must provide
authority. Guidelines to follow
• Wishes of deceased person
if objected to donation = must
not authorise.
If they consented (registered) =
may authorise. If no reason to
believe consent was withdrawn
(family member informs AO that
individual withdrew consent =
reason to believe consent was
withdrawn)
No need to consult family
members. Have absolute
discretion. But as a matter of
policy, family is always consulted.
▪ Death out of hospital
• Wishes of deceased known
Objection
Consent
• Unknown
Next of kin
➢ Object = no donation
➢ No objection = donation
❖ Why has practice/ policy evolved like this?
➢ Family distress: AO reluctant to add to
suffering
▪ BUT 90% of families who rejected donation
regrated that decision
▪ Unfair to defer to families? Placed burden
on their shoulders at a stressful time
▪ Individuals wishes should be paramount.
Has ability to dispose of their assets in a will
without challege due to faily distress –
why is the disposition of organs different?
➢ Fear of getting sued
▪ Fail to follow deceased- no possibility of
claim (plaintiff is dead)
▪ Fail to follow living family- potential they
will claim (plaintiffs are alive)
• However, in Au Docs are rarely sued.
➢ Negative publicity
▪ Faily goes to edia, tarishes Docs
reputation; media backlash
OPT-OUT OR PRESUMED CONSENT FOR DECEASED
DONATION
INCENTIVISING DONATION
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Organ donation in au at all time low. Transplantation authority act 2008: created national body to standardise practice across the country, no actual obligations- left to states. Based on model law, each have nuances. National guidelines for organ donation, assists practicioners. Definition of death act: irreversible cessation of brain function or heart function. Process in sa to become a deceased donor. Register consent on state register or national register. Public opinion: 75% believe the individuals decision should be legally binding, persons next -of-kin should not be able to overturn decision. Policy: donation does not proceed if next-of- kin objects. In practice: 10% of cases where individual registered for donation, family declined, donation did not proceed, family more likely to consent if individual has registered. Death in hospital (cid:858)desig(cid:374)ated officer(cid:859) (cid:894)doctor(cid:895) must provide authority. Guidelines to follow: wishes of deceased person if objected to donation = must not authorise.
