Parliament Workbench
Data: Motions & questions to 19 Nov 2026

Written Question · S4W-11978 · Session 4

Whether there is a legal requirement for a transplant patient to be informed prior to the operation of any risk associated with an organ as…

Answered Asked by Jim Hume LD Lodged 19 Dec 2012

The question

To ask the Scottish Government whether there is a legal requirement for a transplant patient to be informed prior to the operation of any risk associated with an organ as a result of the donor’s (a) health or (b) lifestyle.

The answer

Answered by Michael Matheson on 24 Jan 2013 · 36 days after it was lodged, on time

There is no legal requirement for a transplant patient to be informed of the risks with donated organs as a result of a donors health or lifestyle. Guidelines on this are provided in Guidelines for Consent for Solid Organ Transplantation, published in March 2011.
The guidelines are available at www.nhsbt.nhs.uk/pdf/guidelines_for_consent.pdf.
In the field of organ donation/transplantation each and every donor/recipient combination represents a balance of risk between the benefit of transplant and the risks associated with a particular organ and the transplant surgery. The decision to proceed with a transplant is ultimately down to the recipient and the transplant surgeon. A transplant surgeon and recipient may decide to go ahead with a procedure if they decide that the risk associated with potential transmission of infection or malignancy is outweighed by the risk of not being allocated an organ in time.

In the Official Report

No contribution in the Official Report cites S4W-11978 by reference.