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Matters Arising

Organ donation after cardiac death: legal and ethical justifications for antemortem interventions

Mohamed Y Rady, Joseph L Verheijde and Joan L McGregor
MJA 2008; 188 (3): 186

To the Editor: In the recent article by Richards and Rogers, the ethical and legal arguments made to justify antemortem interventions for organ donation after cardiac death (DCD) raise some questions.1

First, do antemortem interventions harm the patient? Anticoagulants (eg, heparin) expand intracranial haemorrhage and hasten the death of potential donors with acute ischaemic or haemorrhagic strokes. Large volumes of crystalloid fluids are infused to maintain organ perfusion, while exacerbating cerebral oedema and accelerating the onset of brain stem herniation and infarction in potential donors. Vasodilators are infused for organ preservation, causing hypotension and early onset of cardiorespiratory arrest after discontinuation of mechanical ventilation. While it may be debatable whether these interventions can cause harm to a person destined to die, they certainly shorten the dying process and hasten death.2

Many cultures and societies worldwide consider the performance of interventions to shorten the dying process ethically unacceptable.3 In the United States, the intent to administer — for the sole purpose of organ viability — a medication that expedites death and shortens the warm ischaemia time in DCD is a criminally liable action.4 Regardless of the lack of evidence that dying in an operating theatre is not worse than dying in an intensive care unit, if dying in the operating theatre results in the denial of death with dignity and peace, it can result in long-lasting traumatic experiences and memories for families and relatives.5

Second, is consenting to appendicectomy the same as consenting to organ donation? The only similarity between appendicectomy and removal of organs from a donor is that both are surgical procedures performed in the operating theatre. However, consent to the former is intended to “heal and preserve life” while the latter has no such intent and can imply to “shorten life”. To draw a conclusion that consent to DCD could be viewed as consent to take all reasonable steps to ensure that the operation is successful and results in the procurement of viable organs for transplantation is only justifiable if society has decided to abandon the “dead donor rule” and sanction “physician-assisted suicide”.2

Mohamed Y Rady, Professor of Medicine, Department of Critical Care Medicine1Joseph L Verheijde, Adjunct Professor of Bioethics, Arizona State University and Department of Physical Medicine and Rehabilitation1Joan L McGregor, Lincoln Professor of Bioethics and Professor, Department of Philosophy2

1 Mayo Clinic Hospital, Mayo Clinic Arizona, Phoenix, Ariz, USA.

2 Arizona State University, Tempe, Ariz, USA.

rady.mohamedATmayo.edu

  1. Richards B, Rogers WA. Organ donation after cardiac death: legal and ethical justifications for antemortem interventions. Med J Aust 2007; 187: 168-170. <eMJA full text> <PubMed>
  2. Verheijde JL, Rady MY, McGregor J. Recovery of transplantable organs after cardiac or circulatory death: transforming the paradigm for the ethics of organ donation. Philos Ethics Humanit Med 2007; 2: 8. DOI: 10.1186/1747-5341-2-8. <PubMed>
  3. Sprung CL, Maia P, Bulow HH, et al. The importance of religious affiliation and culture on end-of-life decisions in European intensive care units. Intensive Care Med 2007; 33: 1732-1739. DOI: 10.1007/s00134-007-0693-0.
  4. Ornstein C, Weber T. Doctor charged in death of donor. A transplant surgeon is accused of attempting to hasten a patient’s demise in order to make use of his organs. Los Angeles Times 2007; 31 Jul: 1. http://pqasb.pqarchiver.com/latimes/advancedsearch.html (accessed Dec 2007).
  5. Kesselring A, Kainz M, Kiss A. Traumatic memories of relatives regarding brain death, request for organ donation and interactions with professionals in the ICU. Am J Transplant 2007; 7: 211-217. <PubMed>

(Received 8 Aug 2007, accepted 11 Nov 2007)

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©The Medical Journal of Australia 2008 www.mja.com.au PRINT ISSN: 0025-729X ONLINE ISSN: 1326-5377