De rol van de arts bij postmortale donatie

- According to the Dutch Organ Donation Act, the explicit consent of either the donor or the relatives of the deceased is required for organ retrieval to be legitimate. Every Dutch citizen aged 12 years or over can record, in the national donor register, their consent to donation, their objection to donation or their wish to leave the decision to their relatives.

- The doctor, who establishes the death of a possible donor, is obliged to consult the national donor register.

- If doctors do not consult the register because the relatives object to donation, then they have failed to meet their obligations under the Organ Donation Act. Such an action disregards the donor's right to self-determination and the legitimate interests of those waiting for a suitable donor organ.

- It is acknowledged that some aspects of the Act are unclear, which may in part explain the reluctant attitude of doctors towards donation. These aspects include the procedures for donation by incompetent patients, the question as to when measures required to preserve organ function can be started, and the physician's duty of confidentiality.