The issue of brain death in Japan is subject to controversy for several decades. Brain death must be regarded as the death of death?
French law is very clear about this: the law of 1976 establishes Cavaillet brain death as death of man. Moreover, regarding organ transplants, the law stipulates that the absence of objection by a person his lifetime value of consent and the physician is not required to obtain family consent to carry out organ harvesting. It seems that many people in France know this situation all the more that can be seen recently in a television campaign to encourage people to inform their families of their consent or not to donate their organs when death.
Although the doctor could legally override the refusal of the family in fact it is obvious that it does not respect the will and the family. Have a donor card can really facilitate transplants organs, which must be executed within a few hours after the death of the person, encouraging a faster decision on the part of the family of the deceased.
What, then, that brain death? We will not go into details of the criteria used to define it but just say that this is an irreversible condition in which the brain no longer has any activity. However, the heart continues to beat, the body is hot and one can very well understand the reluctance to consider death encountered a patient brain dead. Note however, that without respiratory support, a patient brain dead can not survive and that is the progress of science that have given rise to debate about the state of brain death.
In Japan, following the failure of the first operation of a heart transplant from a patient brain dead in 1968, an operation that resulted shortly after the death of the recipient that the matter of organs from individuals in a state of brain death caused controversy. You should know that 94% of organs are taken on subjects in a state of brain death (less than 1% of hospital deaths). Indeed, when an individual comes into brain-dead bodies remain intact and can be artificially maintained as is, allowing an organ transplant. The issue about brain death and organ transplants are therefore high. The result in Japan is a deficit of graft and the Japanese who travel abroad (USA in particular) to undergo a transplant.
Passing a law in Japan in 1997, after years of discussions, made possible the removal of organs from individuals in a state of brain death but did not rule on the issue of brain death. Content can be summarized as follows.
The individual, before falling in a state of brain death, must necessarily be expressed in writing its desire to donate his organs and must accept the decision of brain death to be diagnosed. Moreover, the consent of the family is essential. Without written agreement, even with the consent of the family, no withdrawals can take place.
It's actually the opposite of France where we consider any person who has not made known its opposition to organ removal, de facto consent. In Japan if the individual in a state of brain death did not specify during his lifetime it is considered as opposed to the removal of his organs. The strict criteria of the law have allowed in 10 years that 81 sampling hearts of patients in a state of brain death (cons over 2000 per year in the United States and about 400 in Germany).
useful link site dondorganes.fr
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