News & Updates | Professional/Continuing Education | Reference

The Role of the State’s Attorney and Law Enforcement in Organ and Tissue Donation

It often happens that a potential organ and tissue donor has been the victim of a crime. In this case, Gift of Hope Organ & Tissue Donor Network works with the coroner or medical examiner under whose jurisdiction the potential donor falls. In turn, the coroner or medical examiner works with the State’s Attorney and local or regional law enforcement offices, to conduct an investigation that will produce the cause and manner of death. This investigation and successful prosecution of the case are not hindered if the victim is an organ and tissue donor.

The Cook County Medical Examiner, Dr. Nancy Jones, releases organs and tissues for donation upon request, including those of crime victims. The Cook County Medical Examiner’s forensic pathologists who have testified during criminal trials have never had an issue raised regarding organ and tissue donation that hindered prosecution.

Many other county coroners in Illinois rely upon a regional forensic pathologist for services. These pathologists are well versed in the issues of organ and tissue donation and the impact on autopsies and criminal trial issues. If there are concerns by the State’s Attorney and law enforcement, the forensic pathologist will work with the coroner regarding release for organ and tissue donation. In addition, all law enforcement officials will have access to the victim prior to organ or tissue procurement for processing of any evidence or taking of photographs as needed. We also welcome the presence of the coroner or forensic pathologist in the operating room during the organ or tissue procurement.

A report in the 1994 newsletter of the Medicine and Law Committee, Tort Trial and Insurance Practice Section of the American Bar Association supports these findings. The paper, titled “Criminal Investigations and Prosecutions Not Adversely Affected by Organ Donation,” reviewed the legal literature for reports of negative outcomes related to organ donation. A follow-up article in the American Journal of Transplantation (2003, 4;160-168) reiterated these early findings and concluded “there is no empirical evidence to support non-recovery of organs in medical examiner or coroner cases, including child abuse and homicide cases.”

Additionally, the National Association of Medical Examiners adopted the following position statement at its February 2004 Board of Directors meeting: “NAME recognizes the importance of organ and tissue donation. It recognizes the critical role of medical examiners and coroners in the transplant process. It supports the steps by the organ donation breakthrough collaborative to increase donation rates. It pledges its support to the process of striving for zero rejection. We also pledge to cooperate with the recovery organizations to formulate and implement policies and procedures that maximize donation while maintaining confident medical legal death investigation. Lastly, we would be available to intervene in particular situations to help resolve issues that are inhibiting maximal or ideal organ recovery.”

Currently, there are more than 4,700 men, women and children on organ transplant waiting lists in the nine transplant centers we work with in Illinois. In 2007, although more than 260 families donated lifesaving organs, more than 300 people in Illinois died while waiting for an organ. Furthermore, Illinois hospitals are among the top 10 users of orthopedic and vascular tissue for transplant in the country. It is estimated that one in 20 Americans will require a tissue transplant some time in his or her life. Organ and tissue donation is a critical healthcare issue for the citizens of Illinois.

All of us are working to serve the citizens of Illinois. Working together, we can make an even greater difference than working alone.

Death Investigation and Organ and Tissue Donation: A Resource for Organ and Tissue Recovery Agencies, Medical Examiners and Coroners is a brochure created by the Association of Organ Procurement Organizations in conjunction with the U.S. Department of Health and Human Services, the Health Resources and Services Administration, United Network for Organ Sharing, National Association of Medical Examiners, American Academy of Forensic Sciences and the National District Attorney Association.

Copies of this brochure and the articles cited above are available through Gift of Hope’s Funeral Services & Forensics department at 630/758-2779 or jkrenn@giftofhope.org; or Diane Brockmeier at Mid-America Transplant Services at 314/991-1661.