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Difficulty: MediumBlood and Organ Donation

In England, Scotland, and Wales, the organ donation system operates on an 'opt-out' basis, often referred to as 'deemed consent'. Under this system, if an adult has not recorded a decision on the NHS Organ Donor Register, what is the role of their family after their death?

  1. They are consulted by specialist nurses to ensure that the individual did not have any known objections to donation.Answer
  2. B
    The law assumes consent is absolute, and the family is not legally permitted to be involved in the process.
  3. C
    The family must pay a fee to the NHS Organ Donor Register if they wish to override the 'deemed consent' status.
  4. D
    Families are only involved if the individual had previously registered as an 'opt-in' donor on the official register.

Answer

Family members are consulted by specialist nurses to ensure that the 'deemed consent' aligns with the individual's known wishes and that there were no objections.
In the 'opt-out' system used in England, Scotland, and Wales, consent for organ donation is 'deemed' (assumed) for adults who haven't registered a choice. However, it is not a mandatory system; specialist nurses will always talk to the family to confirm the individual's wishes and ensure they had no objections that weren't recorded on the NHS Organ Donor Register.

Step-by-Step Solution

1
Define the 'opt-out' (deemed consent) system.
The system assumes adults agree to be donors unless they have specifically recorded a decision not to donate.
This is the legal framework used in England, Scotland, and Wales.
2
Determine the legal role of the family within this framework.
Family members are not bypassed; they are an essential part of the consultation process after death.
To ensure that any donation reflects the true wishes of the deceased, especially if those wishes were shared with family but not recorded on the register.
3
Contrast this with other forms of donation.
Unlike the 'opt-out' organ system, blood donation in the UK remains a purely voluntary activity.
Understanding that different types of medical donations have different civic and legal requirements.

Key Concept

The role of family consultation in the UK 'deemed consent' organ donation system.
Estimated Time:45s
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Topics

Blood and Organ Donation

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