Interesting BMJ article about mechanism of consent (opt in or opt out). England has a opt in system for consent (citizens have to register for donation) and France (Europe too !) a "soft" opt out system.
The article: http://www.bmj.com/cgi/content/full/340/may04_1/c2188
My comment (reproduced from BMJ online): In their analysis(1), Bird and Harris propose to move to presumed consent to increase organ donation in UK. We would like to put an international perspective from France, a country that moved to presumed consent 34 years ago(2). All individuals are considered to consent to organ donation after death unless they recorded opposition whilst alive (Laws of Bioethics)(3). Interestingly, despite this encouraging policy that’s being advocated by the authors for their country, French refusal rates are still high with 32.2% in 2009(4), comparable to those currently observed in UK. Presumed consent failed to substantially increase the number of organs available in France.
Even more strikingly, the policy of presumed consent (or opt-out system) for organ donation is very difficult to apply in practice. Indeed, physicians are legally responsible for asking the patient''s family if the deceased had expressed opposition to organ donation. The boundaries between expressed opposition by the deceased and relatives’ refusal are extremely difficult for families and physicians to define. Therefore, relatives’ refusal often overrides the decision and presumed consent does not change this attitude.
Furthermore, recent public debate organized by the French government before a planned revision of the Laws of Bioethics has brought clear evidence that citizens misunderstand and distrust our current presumed consent system with the little known opt-out register(5). In order to guarantee an informed choice for organ donation, citizens have strongly expressed their support for the system to evolve to a more transparent and balanced opt-out and …opt-in register !
References
1. Bird SM, Harris J. Time to move to presumed consent for organ donation. BMJ. 2010;340:c2188.
2. French Parliament. Law N° 76-1181 of december 22th, 1976 on organ donation (Accessed on May 8th, 2010 at http://legifrance.gouv.fr/affichTexteArticle.do;jsessionid=945E5DEE5935970F302302A09EEBDC92.tpdjo13v_2?cidTexte=JORFTEXT000000699407&idArticle=LEGIARTI000006696422&dateTexte=19761223&categorieLien=cid#LEGIARTI000006696422)
3. French Parliament. Law n°2004-800 of August 6th, 2004. Art. L1232- 1. (Accessed on May 8th, 2020 at http://www.legifrance.gouv.fr/affichCodeArticle.do;jsessionid=2D4D089A94088A94717352D900278D32.tpdjo03v_3?idArticle=LEGIARTI000006686157&cidTexte=LEGITEXT000006072665&dateTexte=20080708)
4. The Agence de la biomédecine. Some important figures. (Accessed on May 8th, 2010 at http://www.agence-biomedecine.fr/agence/nationaux.html)
5. Final report. Les Etats Généraux de la bioéthique/Public debate about bioethics. (Accessed on May 8th, 2010 at http://www.etatsgenerauxdelabioethique.fr/uploads/rapport_final.pdf)
Competing interests: None declared
Dr Gerald KIERZEK, MD, MPH, PhD
http://gkierzek.blog.lemonde.fr/