Organ donation after medical assistance in dying (MAiD) refers to the process of donating organs after death, facilitated through medically assisted procedures. Both MAiD and organ donation are grounded in the principle of human autonomy, allowing individuals to make end-of-life decisions that reflect their personal values and desires. In countries where MAiD is legally permitted, governments have implemented strict regulations to govern both medical assistance in dying and organ donation procedures. The process of combining these two procedures—organ donation and MAiD—requires integrating the separate legal and ethical guidelines that apply to each. As the demand for this practice grows, the combined procedure has evolved and is commonly referred to as "organ and tissue donation and transplantation after medical assistance in dying (OTDT after MAiD)" in English-speaking countries. In Europe, this practice is often referred to as "organ donation after euthanasia (ODE)." By 2020, MAiD through lethal intravenous injection had been legalized in eight countries, and over 17,000 procedures had been conducted. Among these, more than 220 ODE procedures were carried out, highlighting the increasing integration of organ donation with medically assisted dying. In 2024, the worldwide incidence of MAiD procedures has risen to approximately 30,000.
Medical Assistance in Dying (MAiD) and Organ Donation: Legal, Ethical, and Medical Considerations
MAiD is the act, legally undertaken by a third party, with the explicit intention of ending the patient’s life by medication, at the patient’s explicit, voluntary and competent. The act of MAiD has been decriminalized in an increasing number of countries but controversies still exist. These countries include the Netherlands, Belgium, Luxembourg, Canada, Spain, Australia, Colombia, and New Zealand. The name given to the act of MAiD varies by country: in the Netherlands, Belgium, Spain, and Luxembourg, the act is referred to as euthanasia; another European term is physician-assisted dying (PAD); and medical assistance in dying (MAiD) is the common term in Canada. The terms PAD and MAiD cover assisted suicide as well as euthanasia.
Organ donation takes place all over the world and is encouraged by the WHO. Organs regularly transplanted include lungs, heart, cornea, pancreas, and kidneys. Modes of donation are an altruistic living donation of a non-vital organ (generally a kidney) and post-mortal organ donation (PMOD). PMOD can be subdivided into donation after brain death (DBD) and donation after circulatory determination of death (DCDD). Despite the development of organ donation programs, large numbers of patients still die on organ waiting lists. A special form of DCDD is OTDT after MAiD or ODE. In this case, circulatory death is induced by an act of the physician, whereas in other cases of DCDD it is most often caused by the withdrawal of life-sustaining treatment (WLST) after the establishment of an unfavourable prognosis in an intensive care unit.
History Cases widely publicized in the media have included those of Shelly Sarwal and Brian Wadsworth in Canada. Prominent cases in the Netherlands include those of Peter Veen, Dicky Ringeling and Arnold Mulder, in which the Dutch Minister of Health intervened to allow the procedure. The world's first ODE patient was Diane, in Belgium, whose GP, Patrick Wyffels, went to great lengths to arrange this procedure; a report of this case was published by the surgeon Olivier Detry in 2008. Patients requesting euthanasia tend to see organ donation after their death as a logical step that they wish to pursue. The first ODE case in the Netherlands took place in 2013, followed by Canada in 2016 and Spain in 2021. The number of times ODE has been performed now runs into the hundreds, with positive results on outcomes both in terms of family/patient experience and in terms of organ quality. A new development is ‘organ donation after euthanasia starting at home” (ODEH). ODEH was introduced by Johannes Mulder and Hans Sonneveld (2015) in the Netherlands, followed by introduction in Canada in 2019 and Spain in 2021. With ODEH, the sedation part of the MAiD procedure is initiated at the patient's home after final farewells with the family, so the patient does not experience anything further. The patient is then transported to a hospital for several hours, during which time death and organ donation take place, with their body then being returned home for the family to continue the bereavement process. Not only is the procedure reported to be more patient-centered and less burdensome, but it is said to improve the experience for the patient and their family. Hospital staff have also received this procedure favorably, due to its similarity to a standard DCD-III procedure. The world's first international conference on ODE (and ODEH) was held in 2021, during which it was confirmed that ODE had taken place 286 times while ODEH has now taken place on 5 occasions. March 2023 the first ODE was performed in Australia setting the number of performing countries at 5.
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