Sunday, April 14, 2019

Nova Scotia's presumed consent experiment is a brave first step for Canada

I read with interest today an article about "presumed consent" for organ donations after death (i.e. where people are assumed to consent to organ donation unless they explicitly opt out).
The context of this is that Canada has a lamentable record of organ donation. About 20% have opted in to donate their organs, but much fewer than that actually successfully do so, mainly because healthcare professionals feel obliged to take into account the wishes of family, who often seem to contradict the deceased's own wishes. The other context is that the province of Nova Scotia is bringing forward a bill in its parliament to make presumed consent the default for its adult population, requiring people who object to it to explicitly opt out. The bill has cleared the first step in parliament, but is not actyally law yet.
Given Canada's poor record of opting in, and Canadians' general approval of organ donation, at least in the abstract, this seems like common sense, no? Like the proverbial slam-dunk? But course, it's not quite so simple in practice.
Some countries that do have a presumed consent policy in force, like Sweden, Luxembourg and Bulgaria, for example, have ended up with even worse donation rates than Canada (mainly, once again, due to interfering and/or sentimental relatives, who think they know better what the dead person wanted that they themselves did - and, yes, I know this is a trying time for family, but still...)
Some countries, however, do make the system work well, Spain and Croatia being good examples. These countries combine presumed consent with a good, highly-coordinated national organ-retrieval and allocation system, and they have invested in public education around the issue, and infrastructure and professionals to help families through the process.
Nova Scotia could learn from these success stories with its Human Organ and Tissue Donation Act, but it takes money and determination, which may or may not be available in this case. Plus, it has explicitly built its bill a requirement for consultations with next of kin. Which is a shame because they would become the first jurisdiction in North America to institute such a policy, so a lot is riding on their experience of it. Anyway, good luck to them - this is an important and brave first step for Canada - but many commentators are warning against elevated expectations.

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