HC Deb 02 March 1999 vol 326 cc671-2W
Mr. Harvey

To ask the Secretary of State for Health (1) what guidelines his Department gives to hospitals and trusts about(a) the information to be given to, and (b) the permission to be secured from, relatives of patients who die in surgery, before the organs of the deceased are retained; [71089]

(2) if he will investigate the extent of the practice of hospitals and trusts of retaining the organs of patients who die in surgery; [71088]

(3) if he will review the legislation governing the retention of tissue or organs of patients who die in surgery; and if he will make a statement. [71090]

Mr. Hutton

Deaths which occur during an operation, or before recovery from anaesthetic, must be reported to the coroner, who may order a post mortem examination to establish the cause of death. Such examinations may require the removal of tissue or organs for further tests. Under the Coroners Rules 1984, it is for the coroner to determine how long the tissues or organs removed should be preserved.

Although the main organs will be returned to the body wherever possible before burial or cremation, in most cases the time necessary to perform the laboratory tests would cause long and unacceptable delay to the funeral. In these cases, and where tissue samples have been taken, the retained specimens will normally be disposed of separately when no longer required.

Departmental guidance has not been issued on these matters, nor are there plans to review the relevant legislation. However the Royal College of Pathologists is currently considering good practice guidelines in this area which will include all post mortem examinations, not just those ordered by the coroner. We will work with the College to ensure the guidelines give advice on how best to address these sensitive issues with bereaved relatives.