Judicial processes and organ donation
Deceased organ and tissue donation often happens at the same time as the statutory judicial processes around investigating the circumstances and cause of a person's death.
These processes are carried out by multiple agencies across judicial systems. While each of these agencies have their own remit and individual objectives, they share a common goal with NHS Blood and Transplant (NHSBT) of honouring the deceased and supporting the bereaved.
With close cooperation, it’s often possible to fulfil a person’s donation decision and save lives without compromising any inquiry into the cause of death or potential court proceedings.
Exploring donation while supporting judicial processes
The donation of organs and tissues after death facilitates life-changing transplants.
One donor can potentially transform the lives of up to 9 other people by donating their heart, lungs, kidneys, pancreas, liver, small bowel and corneas. Other tissues such as skin, bone and heart valves can also be used to benefit others.
However, the process of organ and tissue donation is inherently complex, involving multiple stakeholders across healthcare and judicial systems. Coroner, procurator fiscal or police involvement doesn't necessarily prevent organ and tissue donation, but clear communication between these stakeholders is essential.
Building strong partnerships between NHSBT and the judicial multi-agencies is fundamental to continue saving and improving the lives of those in need of transplantation.
Video: An introduction to organ and tissue donation
This presentation explains the process of organ and tissue donation and how stakeholders across judicial systems can make an impact.
The role of judicial agencies in organ donation
If a potential donor's death will need to be referred to HM Coroner (in England, Wales and Northern Ireland) or the Procurator Fiscal Service (in Scotland), the specialist nurse in organ donation (SNOD) or specialist nurse in tissue donation (SNTD) must ask the coroner or procurator fiscal whether they have any objection to organ donation taking place. This will be done in collaboration with the medical team caring for the patient.
In England and Wales, medical examiners can assist senior clinicians and specialist nurses in deciding whether a death must be referred to the coroner. In some cases, the police or pathologists may also be involved and will inform the coroner or procurator fiscal's final decision about which organs and tissue can be retrieved.