Legal and Ethical Aspects of Human Organ Transplantation
Submitting Institution
De Montfort UniversityUnit of Assessment
LawSummary Impact Type
PoliticalResearch Subject Area(s)
Medical and Health Sciences: Public Health and Health Services
Law and Legal Studies: Law
Philosophy and Religious Studies: Applied Ethics
Summary of the impact
This Case Study describes, inter alia, the late Professor David
Price's sustained research in the broad field of organ transplantation,
from which a substantial knowledge base and research expertise was
developed. Its principal focus was on the availability and supply of human
organs and tissue for transplantation, the continuing shortages thereof
and the implications of shortfalls on quality and loss of This work has
led to demonstrable policy and practice developments at national and
international levels. Collaboration with policy makers, academics and
health professionals across Europe has resulted in legislative
developments and changes to policies and professional practice.
Underpinning research
The desperate need for organs sufficient to meet demand requires robust
ethical and legal initiatives designed to increase supply. David Price
worked at DMU for 34 years until his death in 2012, rising through the
ranks to be appointed Professor of Medical Law in 1997. His research
provides a balanced appraisal of contentious matters such as presumed
consent laws, property rights and commercial dealings in body parts [1].
His work has been recognised by Government, policy makers and Funders, as
evidenced by his national and international appointments. The research
that underpins this case study includes analyses of laws and policies,
empirical work, formulation of policies and strategies, advice and
guidance to official bodies and collaborative professional development
activities with transplant-related health professionals.
The first major project was the European Multicentre Study of
Transplantation of Organs from Living Donors: the Ethical and Legal
Dimensions in 1993. This 27-month collaboration with the Department of
Surgery at the University of Leicester received European Commission
funding [2]. Price, who was joint grant holder with Peter Donnelly of
University of Leicester, was Chair of the Project Management Group for two
years. He interviewed living donors and recipients around Europe, as well
as politicians, civil servants and transplant clinicians. A survey was
undertaken to assess donor health and transplant unit screening policies
followed by analysis and evaluation of European laws and their
underpinning ethical theories. The Project culminated in a co-authored
Report for the European Commission: Questioning Attitudes to Living
Organ Donation (1997).
On account of his esteem as a researcher Price was invited to join the
World Health Organisation Task Force on Organ Transplantation (1996). This
appointment was the impetus for several further invitations to join
national and international bodies and working parties. His membership of
these bodies facilitated the dissemination of his research and its impact
on policy and society. was invited to join the Retained Organs Commission
working group. The Commission was set up to develop, inter alia, a
new regulatory regime for organ and tissue retention. His membership
involved reviewing regulatory structures and advising the Department of
Health [3].
Price was a founding member of the European Expert Group on Ethical,
Legal and Psychosocial Aspects of Transplantation (ELPAT) in 1997. He was
the external reviewer for the Report on Xenotransplantation (Department of
Health, 2003) and was Working Group Chair/core participant for the
Department of Health Consensus Meeting [4]. He was the lawyer for the NHS
Blood and Transplant Group on Guidelines for Consent to Organ
Transplantation [5]. In 2009, he conducted research for the design and
delivery of the national Professional Development Programme for Organ
Donation (NHS Blood & Transplant) and delivered a Masterclass at the
Launch Event in 2010.
Price's work is continued and developed by several protégés including
Farrell and Quigley, with whom he collaborated on an ESRC project. This
culminated in an edited collection [5]. He supervised Garwood-Gowers'
thesis `An
investigation into the ethical and legal aspects of liver donor organ
transplantation.' Garwood-Gowers has since published widely and has
international recognition in his field.
Price was mentor to several colleagues, including Samanta, who
co-authored `Supporting Controlled
Non-Heart-Beating Donation: An Ethical Justification' Cambridge
Quarterly of Healthcare (2013).
She took over as Principal Investigator for his AHRC networking grant:
"The Influence of Faith
and Belief on the Formulation, Content and Operation of Health Law in
the United Kingdom" (Grant
Ref: AH/I026448/1).
References to the research
1. Price D. Legal and ethical aspects of organ transplantation.
Cambridge University Press, 2000.
2. £50K + PECO element of EUROTOLD project grant from the European
Commission, 1993 (University of Leicester originally received £237,000
under its BIOMED Programme (Area 4); additional PECO award in 2006) Ref:
BMH1-CT92-1841.
3. Department of Health. Remembering the past, looking to the future:
the Final Report of the Retained Organ Commission. 2004. A copy can
be made available upon request.
6. Farrell A, Price D, Quigley M (eds.). Organ Shortage: Ethics, Law and
Pragmatism (Cambridge University Press, 2011). This book was produced as
part of an ESRC funded project.
Details of the impact
The primary contribution of Price's research has been its impact on the
development of national and international policy to address the imbalance
between the supply and demand for organs and tissues for transplantation.
His most notable appointment and achievement was his membership of the
Secretary of State's Organ Donation Taskforce. Following presentation of a
scoping paper in 2008, David was invited to join the Taskforce as Deputy
Chair of its Legal Working Group. The contributions of the group
culminated in Annex C to the Report [1]. This Report, which
included advice about future UK policy relating to consent to organ
donation, was accepted subsequently in 2008 by all UK Governments.
Price's work for the Taskforce involved participation at public political
deliberative events that were held around the country. Following the
announcement of The Potential Impact of an Opt Out System for Organ
Donation in the UK [1] in the House of Commons (17 November 2008
Column 1WS) the Government made available £4.5 million extra funding (2008
- 2010). This was used to sponsor a major public awareness campaign to
increase organ donation rates and in April 2013 it was reported that
deceased donation rates had risen by 50% since the Government's acceptance
of the Taskforce's recommendations. The Welsh Assembly considered and
relied heavily upon the findings of the Report in its deliberations about
introducing a soft opt-out policy to apply to Wales.
Price's second notable appointment was to the Nuffield Council on
Bioethics. The Nuffield Council is the most influential principal medical
ethics body organisation in the UK. Price contributed to a significant and
influential Report [2], which has impacted subsequently on policy
development mainly in the areas of incentives to donation. Significant
media coverage followed and a range of initiatives such teaching resources
for schools, which introduces the subject and considers different levels
of intervention to encourage people to donate. The Council has used
recommendations from the Report in evidence to the National Assembly for
Wales Health and Social Care Committee on the Human Transplantation
(Wales) Bill.
Price's appointments on Government bodies such as the NHS Blood and
Transplant and the British Transplantation Society provide further
evidence of his status and reputation in the field. Price acted as for the
Donation After Cardiac Death Consensus Meeting [3]. The key outputs and
contributions of these bodies include: `Donation After Circulatory
Death' [3] and influential professional development materials [4].
The Report [3] was included in the National Institute for Health and Care
Excellence repository `NHS Evidence', which is accessible and used by all
NHS staff. Price participated in a House of Lords event in 2010 to inform
parliamentarians of the salient aspects of donation following circulatory
eath [4]. The Professional Development Programme [5] was rolled out in
2010 to all NHS transplant professionals, 184 NHS Trust donation ethics
committees and 194 clinical leads across the UK. The Joint Working Party
of the British Transplantation Society and the Renal Association in "UK
guidelines for Living Donor Kidney Transplantation" (2011) recognised
Price's esteem and expertise by referring to his two monographs on
transplantation.
Price was actively involved with the production of interdisciplinary
clinical and policy guidelines for health professionals employed in the
transplantation and intensive care fields. These guidelines, which
included in the National Institute for Health and Clinical Excellence
repository `NHS Evidence' were collaborative efforts of
clinicians, nurses and policy makers. Price's role as legal
advisor was to ensure that guidance was premised upon current law and
ethical principles [6]. The guidelines have been recognised by the British
Medical Association and the British Heart Foundation.
Price contributed two sections in the prestigious The New Oxford
Companion to Law encyclopaedia, which is designed to reach and
inform the public about complex areas in easily accessible terms [7].
Sources to corroborate the impact
Proof that Price worked on the secretary of State's Organ Donation
Taskforce can be found from Annex B to the Report:
http://webarchive.nationalarchives.gov.uk/20130107105354/http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_090312?IdcService=GET_FILE&dID=177206&Rendition=Web
Annex C to the Report can be found at:
http://webarchive.nationalarchives.gov.uk/20130107105354/http://www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/@dh/@en/documents/digitalasset/dh_090306.pdf
- Secretary of State's Organ Donation Taskforce, The Potential
Impact of an Opt Out System for Organ Donation in the UK, 2008.
http://webarchive.nationalarchives.gov.uk/+/http:/www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_090312
(accessed 30/08/13)
A summary of the government's investment as a consequence of the
taskforce's report and the subsequent increase in donated organs can be
seen in a BBC report from the time - see http://www.bbc.co.uk/news/health-22086086
(accessed 12/08/13).
Evidence that the report contributed to the development of the Welsh
"soft opt-out" policy can be seen through this Parliament UK link from
the 4th April 2011:
Http://www.publications.parliament.uk/pa/cm201011/cmselect/cmwelaf/896/896vw19.htm
The "Working together to Save Lives" report, the Organ Donation
Taskforce Implementation Programme's Final Report from 2011 details the
success of the taskforce both within the UK and internationally. This
report can be accessed via https://www.gov.uk/government/publications/working-together-to-save-lives
(accessed 12/08/13)
- Member of the Nuffield Council on Bioethics' Working Party for the
Report Human Bodies in Medicine and Research, 2011.
This report can be accessed via www.nuffieldbioethics.org/sites/default/files/Donation_A5_booklet.pdf
(accessed 12/08/13).
Evidence that Price was a member of the working party can be found in
the following obituary: http://www.nuffieldbioethics.org/news/professor-david-price-1954%E2%80%932012
(accessed 12/08/13) and more information about the working party can be
found at
http://www.nuffieldbioethics.org/donation/donation-about-working-party-0
(accessed 12/08/13).
A summary of the media coverage described in section 4 can be found at
http://www.nuffieldbioethics.org/donation/donation-media-coverage
(accessed 12/08/13).
The advice given to the Human Transplantation (Wales) Bill can be seen
at
http://www.nuffieldbioethics.org/news/council-gives-evidence-wales-organ-donation-bill
(accessed 12/08/13).
-
Donation After Circulatory Death: Report of a consensus meeting
(endorsed by the Intensive Care Society and the British Transplantation
Society) based on Working Group Chair and Rapporteur at meeting on
7.6.2010 at Department of Health, Wellington House, London
The report can be downloaded as a PDF from the NICE NHS evidence search
engine, which can be accessed via https://www.evidence.nhs.uk/nhs-evidence-content/nice-and-nhs-evidence
- the cited report was successfully accessed from this site on 12/08/13.
Evidence for Price's involvement in these government bodies can be
obtained e.g. from the Blood and Transplant and British Transplantation
Society Guidelines, which can be provided upon request (see also
reference 5 in section 3, and reference 6 in this section).
- Bioethics in Parliament, Nuffield Council event, House of Lords,
17.10.2011
More information about this event can be seen on the following link:
http://www.nuffieldbioethics.org/news/parliamentary-event-human-body-donation
(accessed 12/08/13).
- The Design and delivery of the Professional Development Programme for
Organ Donation by NHS Blood & Transplant on Legal Aspects Pertaining
to Non-Heart-Beating Organ Donation was launched at a Masterclass
presentation Launch Event, Britannia International Hotel, London 2010.
A copy of the powerpoint slides that were developed for the
professional development programme for organ donation are available upon
request. These NHS-branded slides clearly list David Price as the and
refer explicitly to his work for the organ donation taskforce, thus
providing further evidence for this claim.
A PDF copy of the "UK guidelines for Living Donor Kidney
Transplantation" can be made available upon request. Price is cited in
the first two references in the report.
- NHS Blood and Transplant/British Transplantation Society, Guidelines
for Consent for Solid Organ Transplantation in Adults, 12 March
2011
The report can be downloaded as a PDF from the NICE NHS evidence search
engine, which can be accessed via https://www.evidence.nhs.uk/nhs-evidence-content/nice-and-nhs-evidence
- the cited report was successfully accessed from this site on 12/08/13.
These guidelines have been backed by the British Medical Association in
their "Building on Progress: What next for organ donation policy in the
UK?" report (2012). This report can be downloaded from http://bma.org.uk/working-for-change/improving-and-protecting-health/organ-donation
(accessed 12/08/13) and also cites one of Price's monographs as the
first reference (accessed 12/08/13).
The British Heart Foundation's Policy statement (2012)
Http://www.bhf.org.uk/pdf/Organ_donation_policy_statement_Mar2012.pdf
explicitly cites several of the reports listed above.
- Price D, `Human Tissue Act' and `Organ retention', in Cane and
Conaghan (eds) The New Oxford Companion to Law, 2008 Oxford:
Oxford University Press, pp 564 and 855.
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