Potential limitations of presumed consent legislation

Brian J. Boyarsky, Erin C. Hall, Neha A. Deshpande, R. Lorie Ros, Robert A. Montgomery, Donald M. Steinwachs, Dorry L. Segev

Research output: Contribution to journalReview article


A causal link has been proposed between presumed consent (PC) and increased donation; we hypothesized that too much heterogeneity exists in transplantation systems to support this inference. We explored variations in PC implementation and other potential factors affecting donation rates. In-depth interviews were performed with senior transplant physicians from 13 European PC countries. Donation was always discussed with family and would not proceed against objections. Country-specific, nonconsent factors were identified that could explain differences in donation rates. Because the process of donation in PC countries does not differ dramatically from the process in non-PC countries, it seems unlikely that PC alone increases donation rates.

Original languageEnglish (US)
Pages (from-to)136-140
Number of pages5
Issue number2
StatePublished - Jan 27 2012


  • Deceased donation
  • Policy
  • Presumed consent

ASJC Scopus subject areas

  • Transplantation

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    Boyarsky, B. J., Hall, E. C., Deshpande, N. A., Ros, R. L., Montgomery, R. A., Steinwachs, D. M., & Segev, D. L. (2012). Potential limitations of presumed consent legislation. Transplantation, 93(2), 136-140. https://doi.org/10.1097/TP.0b013e31823173e0