Transplant from the legal side

Transplants save lives – everyone knows that. The history of Polish transplantation can be dated from 1966, i.e. from the first kidney transplant in Poland. Since then, transplants have saved the lives of thousands of people with kidney, liver, heart and lung failure, and have helped cure several thousand leukemia patients or people with skin burns.

People after transplantation may live a dozen or even several dozen years longer, but for this to happen, the cooperation of the entire society is needed, because there is no transplant without a donor. Poles willingly share their lives by donating blood or bone marrow, but the issue of collecting organs and tissues from the deceased is still in the shadow.

In Poland, the Act of July 1.07.2005, 2015 on the collection, storage and transplantation of cells, tissues and organs (Journal of Laws of 793, item XNUMX). It defines the principles of acquiring donors and the principles of collecting, storing and transplanting cells, including hematopoietic cells, peripheral blood and umbilical cord blood, tissues and organs derived from a living or deceased donor. The collection of cells, tissues or organs for transplantation is allowed after the confirmation of permanent, irreversible cessation of brain function (brain death), as stated by an independent medical commission, unrelated to transplantation. The act also regulates the donation of an organ by a living donor (kidney or part of the liver). According to the regulations, this type of transplant applies to relatives or spouses, and it is sufficient to obtain the consent of the future donor in writing. Transplantation of an organ from a living donor who is not a family member must be sanctioned by the opinion of the transplant committee and the consent of the court. The Act also defines the rules for selecting the recipient according to, inter alia, compatibility of tissues, similarity of donor and recipient sizes, and waiting time for a transplant.

There are many inaccuracies in public opinion regarding the issue of organ donation from a deceased person, for example the fact that in order to donate organs for transplant, it is necessary to have a signed consent to donate with you at the time of death. Therefore, is it not possible to collect organs from the deceased person, for whom such consent has not been found, although before his death he declared to his family to do so? Nothing similar.

The principle of presumed consent is in force in Polish transplant law. Pursuant to the Act of July 1, 2005, it is possible to collect cells, tissues and organs from a deceased person, if the deceased person did not object, i.e. their name is not entered in the Central Register of Objections, they have not signed a declaration of objection to the transfer organs to be transplanted or has not expressed such a wish orally to at least two persons who can certify it in writing.

If none of the above obstacles exist, the physician may perform the removal of organs from the deceased. Her written consent to the donation, found with her at the time of her death, may be helpful, but it is not essential and is not a prerequisite for the transplant. Such statements are informative, although they may prove to be very helpful for the relatives of the deceased or doctors in making a decision regarding the collection of organs for transplant. However, it is extremely important to inform the family or the closest people in the environment about our will to donate organs for transplantation. The family has no right to decide for us after death in this matter, but only has to communicate our decision to the doctors. In the absence of objections in the CRS and no statements of objection or will, the doctor will ask the deceased’s relatives, but not for consent to collect the organ from him for transplant, but about their knowledge of the deceased’s objection in this matter.

What is CRS? If a person does not consent to donating their organs for transplant, they register with the Central Register of Objections. We submit an objection in person or by letter to the Organizational and Coordination Center for Transplantation “Poltransplant” in Warsaw on a form that can be obtained from health care institutions or found at www.poltransplant.org.pl. After submitting the notification to the Central Register of Objections, the person receives a confirmation of entry in the Register, which takes effect from the date of entry in the Register visible on the confirmation. In the case of minors, their guardians raise objections.

The objection may also be expressed in the form of a signed and carried statement, which in this situation takes legal force, or expressed orally in the presence of two witnesses who will confirm it in writing.

Poles certainly do not need to be convinced of the correctness of the idea of ​​transplantology, it enjoys great support in the society. The problem appears elsewhere: it is the lack of sufficient knowledge about the transplantation itself and, above all, the ignorance of the deceased’s will by his family, who when asked: “Did the deceased want his organs to be transplanted after his death?”, Often says: “No “Without really knowing the true will of the deceased. Therefore, the key to Polish transplantology is not so much to convince Poles of the idea of ​​organ donation itself, but to convince them of the need to express their will in this matter in writing or orally, and to convince families to learn about and respect the last will of the deceased in this matter.

Sometimes simply informing loved ones about our decision or declaring it publicly can save lives. Therefore, it is worth considering for a moment what remains of our body after death, after all, as the well-known tombstone inscription reflects: “We were what you are; you will be what we are ”.

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