Deemed consent for organ donation: a comparison of the English and Scottish approaches.

Parsons

doi:10.1093/jlb/lsab003

Deemed consent for organ donation: a comparison of the English and Scottish approaches.

Parsons

Authors

Parsons

Abstract

Deemed consent for organ donation has long been discussed as a potential solution to the shortage of organs for transplantation, with several countries having implemented it. In Great Britain, Wales was the first nation to introduce such a system, having done so in 2015. Now, the other two nations are following suit. In this paper, I compare the approaches of England and Scotland in moving to systems of deemed consent for organ donation. After outlining both sets of legislation, I focus on three points on which the two nations differ. First, the role of those close to the deceased in the consent process and the extent to which clinicians are required to consult them ahead of consent being deemed. Second, the role of government ministers in ensuring widespread public awareness. Third, the ways in which the two nations responded to the challenge of the COVID-19 pandemic in relation to the implementation of deemed consent. I conclude that on all three points, the Scottish approach is preferable.

Acceptance Date	Jan 5, 2021
Publication Date	Mar 4, 2021
Journal	Journal of Law and the Biosciences
Print ISSN	2053-9711
Publisher	Oxford University Press
Pages	lsab003 - ?
DOI	https://doi.org/10.1093/jlb/lsab003
Publisher URL	https://academic.oup.com/jlb/article/8/1/lsab003/6158066#237944228