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Paediatric intensive care specialist Dr James Tibballs says many people sign up to donate their organs without being properly informed of the circumstances in which their organs will be used.
Dr Tibballs's claims have angered organ donation advocates, who say there is a risk people will be scared away from donating.
Dr Tibballs, writing in the Journal of Law and Medicine, said doctors were interpreting the definition of death differently from the law.
The law states organs can be taken from a donor when they have either irreversible cessation of all functions of their brain or irreversible cessation of blood circulation.
But Dr Tibballs says in practice doctors often take organs from patients who are dying, rather than dead, and clinical guidelines used to determine brain death could not prove irreversible cessation of brain function.
He also says after cardiac death (when blood stops circulating) doctors often waited for two minutes before taking organs rather than "proving irreversible cessation of bloody flow".
He argues that two minutes can be too soon and that doctors use the two-minute guideline because some organs only remain usable for transplant for a limited time after cardiac death.
Currently, people are not considered donors unless they have formally indicated they wish to be one and have received approval from their next of kin.
The new system would see anyone considered for organ donation unless they have specified they do not wish to be a donor.
Originally posted by VIKINGANT
Currently, people are not considered donors unless they have formally indicated they wish to be one and have received approval from their next of kin.
Originally posted by InterestedObserver
This is something I've always worried about when deliberating whether I should become and OD or not.
Originally posted by Aislin
Originally posted by VIKINGANT
Currently, people are not considered donors unless they have formally indicated they wish to be one and have received approval from their next of kin.
My drivers liscense identifies me as an organ donor. I didn't have to have approval of my next of kin.
[edit on 10/20/2008 by Aislin]