The process of brain stem death declaration and organ donation under the Transplantation of Human Organs and Tissues Act (THOTA), 1994, is governed by strict legal and ethical protocols to ensure transparency and fairness. The act defines specific steps to certify brain stem death and facilitate organ donation, ensuring the involvement of qualified medical professionals and the informed consent of the donor's family.
The brain death declaration panel is a critical component of this process. It consists of four medical professionals: the registered medical practitioner in charge of the hospital, a doctor from a government-approved panel authorized by the Appropriate Authority, a neurologist or neurosurgeon, and the treating doctor of the deceased patient. These individuals must conduct the certification with utmost impartiality, ensuring they have no conflict of interest or potential benefit from the organ transplantation process.
Brain stem death testing involves performing the required tests twice, with a mandatory six-hour gap between them. The results of these tests are recorded on Form 10 as per the guidelines of THOTA. The legal time of death is determined at the conclusion of the second set of brain stem death tests. To maintain legal and ethical standards, these certifications are reviewed and countersigned by the hospital’s medical director or superintendent.
The consent process is equally vital. Consent from the family or next of kin is obtained using Form 8, ensuring clear and documented agreement for organ donation. Only after this step is completed and verified can the organ retrieval process commence. This guarantees that the decision is voluntary and fully understood by the family.
Once all formalities are complete, the organs can be retrieved following strict protocols to maintain medical, legal, and ethical standards. This systematic approach ensures that the organ donation process is conducted with the highest level of integrity, respecting the wishes of the donor and their family while upholding the law.