Written Question · S2W-27678 · Session 2
Further to the answer to question S2W-27186 by Mr Andy Kerr on 26 July 2006, whether bereaved families have the right to reclaim before 200…
The question
To ask the Scottish Executive, further to the answer to question S2W-27186 by Mr Andy Kerr on 26 July 2006, whether bereaved families have the right to reclaim before 2007 any organs which have been retained at post mortems authorised by procurators fiscal and, if so, by what means it is publishing this right.
The answer
Procurators Fiscal have aduty to investigate all sudden, unexplained, unexpected or suspicious deaths inorder to establish the cause of death.
A Procurator Fiscal mayrequire an invasive autopsy to be carried out. On rare occasions it may be necessary to remove and retain an organ fromthe body of the deceased. This is done on the authority of the ProcuratorFiscal for the purpose of trying to establish the cause of death, and for noother purpose.
When an organ has beenretained and the autopsy investigations into the cause of death have beencompleted, that organ should be treated with sensitivity and in accordance withthe wishes of bereaved nearest relatives whenever possible. Options include thereturn of the organ to the nearest relatives.
Procurators Fiscal giveinformation to bereaved nearest relatives about organ retention when an organhas been retained. This is done by way of an information leaflet that is sentto them and can be further discussed with the Procurator Fiscal. The leafletadvises them that an organ has been retained and that when the tests arecompleted they can decide how they want the organ to be disposed of. TheProcurator Fiscal will explain the available options, which may include:
Separate burial orcremation;
Delaying the funeral untiltests on the organ are completed; or
Disposal by the pathologistin a sensitive manner.
A Procurator Fiscal mayrequire an invasive autopsy to be carried out. On rare occasions it may be necessary to remove and retain an organ fromthe body of the deceased. This is done on the authority of the ProcuratorFiscal for the purpose of trying to establish the cause of death, and for noother purpose.
When an organ has beenretained and the autopsy investigations into the cause of death have beencompleted, that organ should be treated with sensitivity and in accordance withthe wishes of bereaved nearest relatives whenever possible. Options include thereturn of the organ to the nearest relatives.
Procurators Fiscal giveinformation to bereaved nearest relatives about organ retention when an organhas been retained. This is done by way of an information leaflet that is sentto them and can be further discussed with the Procurator Fiscal. The leafletadvises them that an organ has been retained and that when the tests arecompleted they can decide how they want the organ to be disposed of. TheProcurator Fiscal will explain the available options, which may include:
Separate burial orcremation;
Delaying the funeral untiltests on the organ are completed; or
Disposal by the pathologistin a sensitive manner.
In the Official Report
No contribution in the Official Report cites S2W-27678 by reference.