Solicitors have warned that a proposed opt-out organ donation scheme could cause conflict between families and medical staff.
The Law Society of Scotland said it had reservations about plans put forward by Labour MSP Anne McTaggart, who is seeking to increase transplant rates and reduce waiting lists for patients.
The consultation on the Organ and Tissue Donation (Scotland) Bill also includes the proposal that the role of the family be limited to being consulted on whether they are aware of any unregistered objection by the deceased rather than expressly asking for their consent.
Alison Britton, convener of the society’s health and medical law committee, said: “The proposed legislation would reverse current law so it is imperative to get it right.
“There are issues around individuals who have not opted out or expressed an objection to organ donation, but whose families raise strong objections.
“This could lead to clinicians facing the decision to remove organs in the face of strong objection or severe distress of family members.
“It is vitally important that appropriate education and training be given to a wide range of people, not only to the medical fraternity, but that a far reaching and high profile public campaign is put in place to ensure that any decisions made are fully informed.”
Ms McTaggart, a Glasgow list MSP, said the aim of the bill was to introduce a ‘soft opt-out’ system of posthumous organ donation in Scotland.
She argued that the move would “truly tackle” the shortage of organs available for transplant and ultimately save lives.
The Free Church of Scotland has claimed an opt-out system would be “something akin to a tax imposed by the state” on people’s bodies after death.
The Rev Dr Donald MacDonald, a former surgeon and MS sufferer who uses a wheelchair, said the proposals would mean in effect “that the state claims to have ownership of our bodies after death unless we consciously reject this while alive”.
He suggested increasing the number of nurses who are specially trained on organ donation, and improving education in schools would be a better way of boosting the number of organs that are made available for transplant.