平成八年十二月に沖縄で行われた精神病患者からの腎摘出事件における、『脳死』診断、現病治療の切下げ、本人・家族の提供不同意、コーディネーションに見られる倫理的諸問題

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A 62 year old man died of SAH at an Okinawan hospital in Dec. 1996, and his kidneys were transplanted after his death by consent of one daughter. Afterwards other members of his family, i. e. his wife, his son and his three other daughters, went to court over the inappropriate therapy and donation. We were asked to check a copy of his clinical chart tendered by the hospital, the letter of complaint of his family members, and the questionnaire to the hospital and answers from the director of the hospital. We pointed out 3 major issues : (1) Did he receive reasonable treatment? Was his brain death diagnosed correctly?, (2) Was the informed-consent of his family members for his organ transplantation stated clearly?, and (3) Did the co-ordinators give adequate information and make valid agreement? Did they confirm the donor's will? Did they confirm consensus of the family for donation? We cannot find out rational answers to the questions above. The patient was a mentally handicapped person, and the doctors abandoned his treatment soon after his arrival to the hospital. Once the opinion of his organ donation was made by one daughter 3 days after his admission, the doctors ignored any wish against donation by other family members. We believe that the happiness of the donor family is one of the most essential factor for organ transplantation to plant its roots in Japan. In this case, the family got no happiness but serious confusion. This case could be an extraordinary case, but because we have only a few means to check up the adequacy of organ donation in this country, this might not be an exceptional case. The difficulty to access medical data by the family must be dissolved immediately.
日本医学哲学・倫理学会の論文
1999-10-01

平成八年十二月に沖縄で行われた精神病患者からの腎摘出事件における、『脳死』診断、現病治療の切下げ、本人・家族の提供不同意、コーディネーションに見られる倫理的諸問題

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