Organ transplants are medical procedures where a person’s internal organs are transferred to another person’s body. The person receiving the organ is called the recipient or the donee, while the party giving the organ is called the donor. This is done in cases where the donee’s own organs have failed and are presenting health risks to them.
Organ transplants are common for organs such as kidneys, pancreas, heart, or lung. Transplants are also common for other body parts and systems such as bones, bone marrow, blood, corneas and other parts of the eye, and skin. Organ donations and transplants are often classified according to whether the donor is still alive or not (deceased donor vs. living donor).
What Are Some Common Legal Issues Involving Organ Transplants?
Organ transplant procedures are sometimes connected with certain legal issues. The procedures are often complex and may require long wait times in order to find a “match” for the recipient. Once a match is made, the procedures for removing an organ and transplanting it can be very complex. Some legal issues may include:
- Failing to perform surgery properly (i.e., performing the wrong procedure, performing on the wrong person, failing to remove a surgical implement, etc.)
- Malpractice with regards to pharmacy error
- Breach of contract between donors and donees
- Forced donation or organ theft
Thus, medical malpractice claims can often occur with some organ transplants. Also, many medical and surgical procedures are new and can result in various side effects. Hospital or doctor liability can also occur for failure to warn a patient of the risks associated with a specific procedure.
What Are Some Remedies for Organ Transplant Legal Issues?
Organ transplant malpractice lawsuits often result in a monetary damages award for the victim. This will help to cover costs like:
- The cost of the original procedure
- Additional medical treatment and medication costs
- Legal fees
- In some cases, punitive damages
Some states may impose limits on medical malpractice awards. This will vary according to the state as well as the type of malpractice claim involved.
Do I Need a Lawyer for Help with an Organ Transplant Claim?
Organ transplants are major operations and often involve a great deal of paperwork and legal issues. You may need to hire a qualified personal injury lawyer if you are encountering any legal issues in connection with an organ transplant procedure. Your attorney can provide you with legal advice and representation for your claim. Also, if you need to appear in court, your lawyer will be able to guide you during the process.