Impact of the Type of Consent on Refusal to Donate in Latin American Countries

This paper presents a study on the implementation of the presumed consent law for organ and tissue donation in Uruguay. The objective was to analyze the factors that influence the acceptance of the law by the families of the deceased. The data were collected from the records of donation interviews and communication of the law. It also highlights the types of consent to donation established in the different regulations on donation in Latin American countries and shows the differences in refusal rates. The results show that the success of the application of the presumed donor law is influenced by the strategy developed in the family interview, which emphasizes the importance of the family's understanding of brain death, the establishment of a bond of information, trust, and support between the healthcare team and the family, the prior awareness and training of the healthcare team, the credibility and transparency of the procedures, the dissemination and knowledge of the law, and the capacity, time commitment, and support of the family to whom the regulations are communicated. In conclusion, it is stated that the type of consent is not a sufficient solution that will result in a greater number of donors, but rather a means, a plan for how to implement and carry out communication with donor families.