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1995-1996

Why Brain Death Isn't Defined In Japan

Brain death is a condition where the brain is not working in all three parts: cerebral, cerebellum, and brain stem (Fukuma 28). The reason why brain death has become a problem recently is because of the progress in medical techniques, especially of the development of the artificial respiration system. Until now, when a patient had his or her brain damaged and the body's respiration system stopped functioning, the patient couldn't live longer. However, because of the artificial respiration system, the patient's life could be prolonged extensively. Because the patient can live longer with all the medical equipment plugged into him or her, when to stop the treatment has became a problem. This problem has extended to transplants, since a heart transplant can be done most successfully when the heart is still moving, that is when a person is brain-dead. This is why brain death has become such a problem, as this paper will show (Fukuoka 28).

In Japan, the reason why the topic of brain death has been kept quiet is because in 1969 a doctor in Sapporo did the first and only heart transplant operation. And this operation was reported in a newspaper as a social affair. The point that the doctor announced the patient was brain-dead was premature. Therefore, the diagnosis of brain death was too early (Watanabe 1-6). This failure made the Japanese people afraid of transplantation, and also afraid of believing in doctors. Because of that, transplant operations were stopped completely. Japan has now been behind the rest of the world for more than 20 years (Watanabe 4).

Currently, in Japan, a brain-dead patient isn't legally recognized. Among advanced countries, Japan is the only country that doesn't recognize brain death as death. In Japan there are many people who can't live longer without a transplant operation. However, only vital liver transplantation is done in Japan. Vital transplantation means transferring an organ or tissue from one person to another to replace a diseased organ. It is usually done with an organ Or tissue from family members because there is less tendency for recipient's body to reject the organ. But vital liver transplantation is just emergency relief measures because a brain-dead liver transplantation is illegal (Watanabe 14). A vital liver transplantation is done mostly within families, where the liver is taken from a healthy donor. This operation is really difficult; both recipient and donor have some possibility to die. When it relates to death, is it possible for parents to agree to a vital liver transplantation for their child?

In Japan about five or six hundred people need liver transplants. Such patients have swollen stomachs and they bleed and vomit. But still they live each day on an intravenous drip, waiting for an alternative liver with fear until they die.

For these patients, the last hope is to have a liver transplant, but in Japan it's not legal, so they have to go to foreign countries. But many of them can't. It costs from twenty million to thirty million-yen, so only the rich, and those who have volunteer support groups, can go (Watanabe 15). Money is not the only problem; also there are difficulties in the recipient foreign countries. In other countries, there are also many people who need transplantation and are waiting in a line. But the Japanese break into the line with huge amounts of money they have. Because of this, people in foreign countries feel hostile towards these Japanese (Watanabe 15). These things may be echoed in Japan's trade disputes with the U.S. This situation should not be allowed to continue.

But in Japan, since-as I mentioned earlier--brain-dead isn't defined legally, brain-dead kidney transplants also can't be performed. Therefore, as with liver transplants, only vital kidney transplants can be done. As a result, public awareness is very low.

Here are the results of one study. From the questionnaire given by a researcher to the students at Chiba University, some interesting information was revealed. One question was: Can you say, "When the brain is dead, the patient is dead?"

The answers split fifty-fifty. For the 50% of respondents, who said brain death is death, three out of five disagreed with organ transplants? In other words, although these students accepted brain death as death, they only accepted transplant 3:2 or 3 out of 5. The ratio of students who disagreed with brain death as death but said yes to organ transplants was 4:1 in favor of transplants. From this, brain death and organ transplantation is not related in the ways they are assumed to be. It would seem that if doctors believed brain death is death, they would also think brain-dead patients would donate organs for transplants. But the above results don't support this. However, all persons have the right to give or deny organ transplantation and this must not be forgotten (Watanabe 21).

Recently in the Asahi newspaper, there was an article about a girl who was waiting in Australia for a liver transplantation and died before her surgery took place. There are in fact many that go abroad for a transplant surgery. But the reality is, some of these patients die while they are waiting because they come too late. Even now there are many volunteer groups, but it takes a long time to gather 10 million-yen or more. The Japanese children who were lucky enough to go abroad and have a liver transplant now number 51. But there are 10 times more than that who need transplants from brain-dead patients (Watanabe 77). Families who can not afford to go abroad or don't have courage to collect money or even have courage to give their own liver to the sick, will just watch their children dying day by day. For them, what can be done?

Liver and heart transplantation should be done from brain-dead patients and not from living donors. Japan should not rely on the family's love too much. If this becomes common, only the children who can receive organs from their own families will survive and those who can't will wait for their last days in bed. This is a cruel form of discrimination. This absurd situation only exists in Japan and because of this Japan is behind other developed countries. All this originates in not being able to define brain death. In the rest of the world brain death is defined For example in countries like Thailand, China, Hong Kong, Taiwan and also in the Philippines (Watanabe 14-15).

From a religious point of view, Japanese aren't deeply religious people like those in other countries. This can be shown in the mixed celebrations of Christian holidays right along side Buddhist funeral rites and Shinto marriages. When people need help they don't say "Buddha", but instead they will say "God". All Japanese are not Buddhists. When the Japanese worship at Buddhist temples, they are not necessarily conscious of Buddhist teaching, but very often pray for worldly profits. Generally speaking, few Japanese really think of themselves as being Buddhists. Buddhism in Japan may well be described as a "cultural background" rather than a religion to believe in. From such ideas, to define something in Buddhist terms is impossible, and not necessary. In Europe and America the church gave the go-ahead for transplants. The citizens gathered in the church to examine their lives. From the standpoint of philanthropy and that bond which all human beings have in common, the church accepted that transplants could be performed.

In 1990 at Europe's Academy of Organ Transplantation, Pope John Paul the Second said: "To give one's organs after death, is a expression of love. This is taken from the teaching of Christ. Catholics should cooperate by giving organs. " These words have really become a belief held by Catholics (Watanabe 210-211). According to this, what is needed in Japan is a place where feelings can be shared.

One reason why brain death isn't a big issue for the average person is that a newspaper and a program on television don't discuss this problem because of the government's opposition to it. In January'92 Prime Minister Miyazawa said, "We will talk and try to solve the problem." However, currently opinions are split up whether we should define it or not. Many other problems such as selling one's own organs may come up. This problem was too difficult for the members of the Diet to solve (Watanabe 282). They do not have enough knowledge about brain death. Therefore the government said, "Just wait for the law to pass." In June 1993, the House of Representatives broke up, and the talk on a brain-dead law didn't come up again for six months. Therefore the members changed and also the discussion began from the beginning again, including the debate held in the past (Watanabe 282-285). On January 15th 1994, the members concluded the proposed law for organ transplantation. This proposed law took a stronger position on defining brain-dead as death. It stated that if the patient can't talk, the family has the right to give or deny transplantation. Also this law prohibited the selling of organs. As well, parts that can be such transplants, the doctors should fight for their own right to save lives. Only doctors can save lives with medical treatment. When most people don't know what brain-dead is, doctors should take the time to inform and tell seriously and frankly on what is happening. If a doctor do this, will be rewarded. The real courage of doctors begins with trying to enlighten the public.

From this research it is clear there is a lot of false information in society. When organ transplantation from a healthy father to a son took in Japan in 1989, the newspaper and television announced that the operation was done but it was not good. When people hear something went well, they think everything is in order. Furthermore, when the newspapers claim "He is recovering," it makes the reader feel the patient is benefiting from the operation. But this isn't true of the Japanese media. The newspaper and television don't bother to explain the more complex issues. In our society, television can't be separated from our daily life so this medium should be careful about how they should handle these very important subjects.

In Japan, what we can do before the law passes is to try to improve the transplantation coordinator system. When a society is trying to proceed with better organ transplantation, the first necessary thing is accurate information. A transplantation coordinator is a person who has a doctor's license or a person, who is trained in the field. Their works are to make arrangements for the transplant operations and consult with the family about the transplantation to make everything go smoothly. In Japan, in 1990, a transplantation coordinator system was set up. At that time there were only nineteen coordinators and the system was hoping to locate on one person in each prefecture and metropolis. Compare with the United States where there are more than two thousand people serving as transplantation coordinators and an advanced network system. This clearly shows the lack of money that spent in the system in Japan and interest in the problem. Hence the system is not improving.

Whether the law passes or not, the important thing is the confidence between the patient and the doctor. The doctor has the technical skills, however, in transplanting organs from a brain-dead body, the important thing is not technique or knowledge but mutual trust and confidence. Doctors have a difficult task both physically and mentally. They are the only one who can save us. In the questionnaire that the researcher received back from a few of the doctors in St. Mary's Hospital, all of them agreed with organ transplantation including the doctors who were against brain-dead being death. From this, we can see that they are hoping to save the lives of those who need transplantation. There are many people who need medical help, and those in need of transplant operations are some of them.

by Akiko Shida


Works Cited

Fukuma, Masayuki. Thinking About Brain Death. Japan: Japan Hyolonsha, 19 87.

Hayashi, Takumi. Transplantation Between Life and Death. Japan: Gakushiu Kenkyusha 1991 20-25.

Imanishi, Jirou. Medicine, Asahi gendai yougo Chiezo. Japan: Asahi Shinbunsha, 1993.

"Liver Recipient Back From Australia." 1994, November 22. Japan Times, p.2.

Proceed Japanese-English Dictionary. Tokyo: Fukutake Shoten.

"Protection of Patients' Rights Urged." 1994, Oct. 16. Japan Times p. 2.

"Slain Boy's Organs Save 3 Italians' Lives." 1994, Oct. 2 Japan Times. "Transplantation Story in Australia." 1994, November 15. Asahi Newspaper, p. 13.

Watanabe, Junichl. What You Think About Brain Death Now. Tokyo: Kodansha, 1994. 226

 
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