Hospitals in child organs denial

The BMA has issued new organ removal guidelines

Scottish hospitals accused of removing organs from dead children without their parents' consent have denied the allegation.

Geraldine MacDonald, of the Scottish Organisation Relating to the Retention of Organs (Sorro), said the hospitals had admitted the practice either in letters or verbally.

However, three out of the six concerned said there was no truth in the allegation.

I would like to welcome these guidelines that the BMA has issued but in saying that it's only guidelines and we want a change in the law

Geraldine MacDonald

Ms MacDonald had been commenting on the issuing of the first guidelines governing how doctors obtain consent for removing and retaining the organs of dead patients.

The British Medical Association drew up the advice after it was discovered that a number of hospitals, including Yorkhill in Glasgow, had been removing tissue from dead children without the knowledge of their parents.

Ms MacDonald said the guidelines were a positive development but they represented a voluntary code and legislation would be needed to ensure an adequate safeguard.

She said: "First of all I would like to welcome these guidelines that the BMA has issued but in saying that it's only guidelines and we want a change in the law.

Geraldine MacDonald: Named several hospitals

"We have letters sent to parents from Stirling Royal, the Edinburgh Sick Kids Hospital, the Southern General and Stobhill Hospital (both in Glasgow) that they have retained babies' organs without parental consent."

Ms MacDonald also named Crosshouse Hospital in Kilmarnock and Aberdeen.

She said brains, hearts and lungs were being retained and the alleged procedures could have dated back as far as 30 years.

However, Ms MacDonald's allegations were promptly denied by some of the hospitals.

A spokeswoman for the Royal Hospital for Sick Children in Edinburgh said that organs were only retained with the consent of parents.

Procurator fiscal

Very small tissue samples taken for pathological analysis would be retained after analysis, in line with national policy on post mortems.

Aberdeen Royal Infirmary denied the allegation and, along with Edinburgh, said the only occasion where consent would not be required was in the event of an investigation ordered by a procurator fiscal. A further denial was issued by Stirling Royal Infirmary.

Dr Bill O'Neill, Scottish secretary of the BMA, said consent had not always been sought in the past but often this was because of a "genuine desire" to avoid further distress to families.

However, its was acknowledged following controversies including those at Yorkhill, Alder Hey in Liverpool and Bristol that guidelines were needed.

He said: "What we're highlighting in this guidance is that relatives, where they want the information, should be given all of the details of what's involved in a post mortem."

But Dr O'Neill conceded that the guidelines were voluntary and the BMA has called for a change in the law relating to post mortems, registration legislation and the laws on burial and cremation.