Organ Transplant Errors

There are many ethical and practical concerns both with receiving and donating organs. An organ transplant is an operation where a donor’s organ is removed and given to a recipient. In the majority of cases, organ transplants are positive and life saving procedures. However, sometimes through negligence and medical malpractice, a negative outcome for organ transplant recipients can occur. At present there several organ transplant lawsuits in the court system. Some of the most common scenarios are:

• Receiving diseased organs (ex: cancer)
• Receiving infected organs ( ex: HIV or hepatitis C)
• Receiving organs that are not compatible (ex: blood type not a match)
• Post transplant malpractice (ex: failure to control infections)
• Transplanting organs without authorization from the donor

The typical medical malpractice case involving organ transplant will probably concern a diseased or infected organ given to a recipient. The recipient then catches the disease or infection and his or her health is drastically compromised as a result of the negligent organ transplant.

Florida Organ Transplant Error Attorneys

If you have undergone surgery and feel that you have suffered from an organ transplant error contact the attorneys at Levine and Glassman.

Mark Glassman focuses a great deal of his practices on injuries resulting from defective and dangerous drugs, as well as pharmaceutical litigation, and wrongful death litigation. In most case of transplant errors death is inevitable. The purpose of the transplant is to save the individuals life so when it is done incorrectly odds are the patient will not survive. Mr. Glassman has been involved in pharmaceutical cases involving the infamous diet drug, Fen-Phen, and his cases have been highlighted in professional journals such as The Daily Business Review and Contractor Magazine.

Lisa Levine focuses in the areas of medical malpractice that affect women, including failure to diagnose breast and cervical cancer, plastic surgery errors, birth injuries, delivery room negligence and defective drugs used by women. She prides herself on her dedication to women’s health issues, and has been featured on Good Morning America and NBC News.

Organ Transplant Information Center

• What are commonly donated organs?
• What are some organ transplant complications?
• What laws govern organ transplants?
• How can I become an organ donor?
• How we can help

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What are commonly donated organs?

Several body parts can be donated from either a deceased or living person. The main donated organs and tissues are:

• Heart
• Lungs
• Kidney
• Liver
• Pancreas
• Corneas
• Heart valves
• Bone Marrow
• Skin Grafts

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What are some organ transplant complications?

With organ transplant the main complication is the recipient rejecting the organ. It is necessary for recipients to take multiple medications to suppress the immune system so that the recipient’s body does not attack the new organ.

A next complication could be with the donated organ itself. Even without any negligence or malpractice and with the correct protocols the organ might fail.

Further complications could arise from preexisting conditions such as high blood pressure and high cholesterol and diabetes. These conditions can put additional stress on the body and affect the success of the organ transplant.

If you or a loved one is faced with an organ transplant it is important to talk with your physician and the transplant to team to assess how best to manage your transplant. The success rate for organ transplants varies by the specific organ and the health to the patient at the time of transplant.

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What laws govern organ transplants?

In 1968 the Uniform Anatomical Gift Act was drafted in an attempt to provide the states guidance in forming a national organ and tissue donation policy. Today all 50 states have adopted some form or version of the Uniform Anatomical Gift Act. The model legislation listed out the following key policies:

• A person of sound mind
• Who is at least 18 years of age
• May donate all or part of his or her body
• The act forbids the sale of body parts
• The donor should be able to easily donate organs
• The donor should be able to easily revoke his wish to donate organs

Primarily the Uniform Anatomical Gift Act created a procedure for people who wish to donate organs and for hospitals and medical institutions to accept them. This initial model act drafted in 1968 has been revised and updated. It is important to look at your state’s specific guidelines as to the actual protocols and registries.

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How can I become an organ donor?

t is relatively simple to become an organ donor. Usually when you go to the Department of Highway Safety or Motor Vehicles Department or DMV to obtain a license you can fill out a form stating whether you want to have your organs donated. Then the DMV will give you an organ donor card to carry with you in your wallet. It is also possible to sign up with your respective state donor registry by going online and filling out their form. You can also become an organ donor at local blood drives or by contacting your local hospital. The most common steps to take to become an organ donor are:

• Register with your state’s donor registry at OrganDonor.gov
• Designate your organ donor choice when you obtain or renew your driver’s license
• Sign and carry a donor card

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How we can help

Transplant recipients should be able to receive health organs without worrying about infections and disease. In many cases the recipients are already close to death and an organ transplant is the only thing that will save their life. For them organ transplants should be ultimate positive solution instead of a disaster due to medical error.

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Resources

Uniform Anatomical Gift Act - gives information about the Uniform Anatomical Gift Act

Donate Life Florida - official Florida website for organ donors

Florida Organ and Tissue Donation Services - Federally designated procurement organization that collects and distributes organs for transplant

Levine & Glassman, P.A. | Florida Organ Transplant Error Attorneys

If you or a loved one has suffered injury due to an organ transplant error, you need to ensure you are well represented. The complications suffered could have been avoided and may have lasting consequences that can affect the quality of life for years to come. The attorneys at Levine & Glassman are experienced medical malpractice attorneys and are able to ensure that you receive fair compensation for the damages you or your loved one suffered. If you are anywhere in Florida, including: Fort Lauderdale, Miami, West Palm Beach, Boca Raton, or the surrounding areas of Broward, Miami-Dade, or Palm Beach counties, contact Levine & Glassman for an analysis of your organ transplant error case.