Watkins and Gunn

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Solving the Organ Donation Dilemma

Jonathan Wellington, of Watkins and Gunn Solicitors, considers the current issues surrounding the emotive topic of organ donation in theUK.

 

The issue of organ donation has been in the news with the proposal by the Nuffield Council of Biotechnics that the NHS should pay for the funerals of organ donors and the recent announcement by the Welsh Assembly Government.

 

Currently the demand for organs far outstrips the availability of organs for transplant, and inWalesone person dies every 11 days whilst awaiting a transplant.

 

Payment for organs remains illegal and currently the organ donation system operates on an "opt in" basis,that is that you must make an active choice to join the Organ Donation Register and your relatives retain the right to veto the decision after your death.

 

Recently steps have been taken to increase donors, most notably with the amended Driving Licence Applications including a question about organ donation.

 

Walesis very much at the forefront, with the Welsh Assembly Government having announced plans for a new law for organ donation by 2015. Under the new law you will be presumed to give your consent unless there is an indication to the contrary, although your relatives will still be consulted and unless they object the donation would proceed.

 

It is clear that action is overdue as 90% of us are reported to support organ donation whereas only around 25% have actually registered on the Organ Donor Register. The Nuffield proposal of a partial move towards payment is controversial one ,however this together with the Welsh Assembly Government's plans, are part of a growing movement to increase the number of available organs to avoid unnecessary future deaths. 

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