news.bbc.co.uk/1/hi/scotland/4673388.stm
I will answer this post in two ways; I would like to outline the dangers of the system of presumed consent and the suggestions that have been made to the old executive and our new Health Minister Nicola sturgeon and our new Government by my organisation.
We worked hard to bring about the new Human Tissue Act (Scotland) and fought vigorously against some of the measures passed in this act.
Our Objections.
We believe it is a personal decision and a relative should not have a veto either way.
Medical staff can obtain legal authorisation from a child of twelve and over, which can be verbal, to organ donation for transplant and for post mortem. Without the knowledge or consent or presence of parents, the parent could go to the toilet and a child signed up. Remember this will be taken only from critically ill/terminal children; otherwise, it would probably not be useful. E U law dictates the person must have a full explanation of what happens to the body. Either way is unacceptable for a dying child of twelve without the support of the parents.
The verbal authorisation may be presumed if the staff member says so. No signature necessary, the staff member fills in a form to say that any person old or young has given verbal consent. That consent may consist of a nod, even from a dying person in pain, under the influence of pain relief, drink or drugs, or with no ability to communicate through language difficulties, which may include the lack of ability to speak English. This person of course may also be deaf and unable to speak. They may be unconscious for all we know. No proof needed. They may be Muslim.
For our organisation any collection of Doctors and Pathologists who would bring in such a terrible law when the promise was made that this law would protect the bodies of our loved ones, should never be trusted with the lives or bodies of any person in Scotland.
During the meetings of the heath committee, while I gave evidence, we were round the table with pathologists who objected to the ability to take verbal authorisation and the ability to take authorisation from a child of twelve and still this Bill was passed by Labour Government.
Presumed Consent
The suggestion is we would have an online register of objectors. We would also be offered a card to carry along the lines of the opt in card. ( Try finding a card for either system )
The lack of safety of this system is obvious when you realise that an aggrieved wife husband or mother - in -law can at this moment in time sign you up to donate your organs for transplant online if they have access to your e-mail account little information proves it is you filling in this authorisation. It is also possible for a doctor or any member of the medical staff to do this.
If the Royal College of Surgeons have their way, this will also happen online for authorisation for post mortem, for research purposes.
What would happen if a person did not have the intelligence to find out how to opt out, for any reason? The old who do not understand the internet. The people who cannot read or write. Who cannot speak English? Who have no permanent address? Who live alone and have no relatives to protect their body. Perhaps relatives live abroad and cannot reach the hospital before the person dies. The vast majority of residents of Scotland who rarely read a paper. (It is all too too depressing)
Children / over the age of twelve who live in care. A social worker has parental rights over this.
The person who slips out to the shops or goes on a night out and is killed and the card is left at home.
If a relative finds it later, will we have a succession of court cases, which will damage any good done by the positive publicity we worked so hard to get.
Life or Death.
Most medical staff within the NHS are normal people, honest and a level of integrity fit for purpose. We are though treated in the NHS by people, and within will have a normal level of dishonest people with no integrity. We also will have people who are completely mad or just plain wicked, people who will kill for money and will run a system where an organ can be bought for a reasonable price; unfortunately, to run a system like that donors will be killed. If we allow a doctor or nurse the ability to decide whether you or I or our relatives are helped/ waste NHS resources/are perhaps too fat to help/a smoker and should not be helped, or are to be used and our organs harvested it is a step too far.
Lives will be lost and particularly the lives of the homeless, alone, old, infirm of mind and body.
A nurse working in the head injury wards in Edinburgh who was not alone in having grave reservations about the systems used to decide if a person is brain dead contacted us.
When a person lies on that bed it is a doctor who will decide if they are worth saving or should be used to harvest organs. The right of life or death over you and your relatives.
OTHER OPTIONS.
Laziness is the main reason people do not donate, lack of trust is another, allowing access to the body. The relatives inability to allow the mutilation of a loved one.
However, time for some home truths, in the opt out debate in parliament we discovered that Scotland does not have the capability to do the transplants of the people currently on the waiting list. We have enough donors but not enough theatres room, staff or beds. Why, when the professionals and the Government including Nicola Sturgeon know this do, they want more donors.
Each person at some time fills in a form to give the people in their house the right to vote/ pay council tax
Most people will apply for car tax, passport, forms for benefits, housing benefits, pensions, etc
The sixteen year old would ask for a national health number
Many other options exist; crucially the person would not receive what they have applied for unless they fill out and return the form asking for their authorisation.
A computer could easily generate a form and an information pack with any of these forms.
On the form, the person would be asked to decide from three options.
1. I want to donate my organs for transplant, /or would allow a post mortem on my body after death/donate organs for research.
2. I would not want to donate my organs / have a post mortem.
3. I do not want to decide at this time.
The form could include a section which the next of kin could sign stating they are aware of this persons intentions
This would overcome the laziness and protect each persons right to choose for themselves.