Written by Naomi O’Rourke, Associate in our Serious Injury department.
It’s Organ Donation Week, and this year the NHS Organ Donor Register celebrates its 30th birthday. The awareness week (running 23-29 September) provides an opportunity to raise awareness of the current law in place around organ donation. It also reminds those who wish to confirm their support and haven’t done already, to add their name and decision to the NHS Organ Donor Register.
Organ donation, whether for ourselves or our loved ones, is a topic that we may not want to dwell on or discuss with our nearest and dearest. Given its inherent link with trauma, loss and death, it is understandable that a lot of people do not, in their lifetime, take the time to reflect upon their wishes around organ donation. It may well only be in circumstances of unexpected and sudden trauma, that people are forced to address the subject head-on.
With the law changing in recent years it is important that, despite it being a difficult topic to raise, people are aware of the current system to ensure that they make an informed decision.
A shortage of organ donors led the law surrounding organ donation in England to be changed in May 2020, from a previous ‘opt-in’ system. It was noted that Wales introduced an ‘opt-out’ system in 2015 which resulted in an increase in the number of donations for those in need and so a similar ‘opt out’ system was introduced in England, in an attempt to alleviate the shortage of organ donors.
In England, it will be considered that you agree to become an organ donor when you die if you are over 18, have not opted out and are not in an excluded group. This means that for adults who die in circumstances in which organ donation is possible, the starting point is that donation should go ahead.
Those within the excluded group include people who lack the mental capacity to understand the new law and to take the necessary action of opting out of organ donation.
It should be noted that wherever possible, if someone wishes for their organs to be donated on death, they should speak to their family about this and let them know their wishes, as despite the change in law, clinicians will not proceed if the family object.
Although the law is currently an ‘opt out’ system, the best way to ensure that your decision is clear, is to register on the NHS Organ Donor Register, along with making sure your family is certain of your views. It should also be noted that you can amend your decision at any time.
Organ donation saves lives and makes a huge difference to the thousands of people currently waiting for a transplant in the UK, with a huge organ donation shortage remaining.
It may not always be possible to be an organ donor due to illness, the circumstances of death or religious beliefs. Organ Donation Week, however, serves as a reminder to take the time to consider your views, talk them through with loved ones and to register your decision accordingly.
