An organ transplant can save a person’s life. They may be in desperate need of a new organ, but it also poses additional risks to a recipient when it is not properly performed. Being told that an organ is available after having waited so long for a transplant can be the greatest joy in a patient’s life, but what happens when mistakes are done during the procedure?
A person is expecting to receive a new chance at life when they sign up for a transplant but do not expect their hope to be shattered when they are told that the organ they received is either diseased, infected, incompatible or that certain problems arise after the transplant. Medical professionals need to make sure that the performance of a transplant is done while maintaining a reasonable standard of care.
If the standard of care is not met during a transplant, it can have deadly consequences for the recipient and consequences for the medical professional in question. The most common type of medical malpractice claim that will arise due to transplants is when an infected or diseased organ is given to a recipient and compromises their chances at survival.
Organ Transplant Common Mistakes & Lawsuit
There are various organ transplant mistakes that can constitute a lawsuit. Some of those errors include:
Diseased Organ Transplant
When medical professionals do not properly exam an organ that will be transplanted to another patient, a diseased organ can be transplanted in the process. Diseased organs like cancer can be transplanted to a patient waiting for an organ transplant. When this occurs due to negligence by medical professionals, the victim can claim for a medical malpractice.
An Infected Organ
When a patient has an infected organ transplanted it can pose severe complications for the recipient. Medical professionals are supposed to thoroughly screen the current donor and perform laboratory testing on the organ before giving it to another patient. Failing to do so can even lead to the patient’s Some examples of infected organs are hepatitis C or HIV.
An Incompatible Organ Lawsuit
When an incompatible organ is given to a recipient who’s blood type does not match, this can cause a patient’s When the proper testing is not performed on the organ to ensure that they are compatible or when there are mixups in the laboratory, a recipient can suffer the consequences of that neglectful act.
A Post-Transplant Error Lawsuit
Infections post-transplants is one of the most common reasons for hospitalization in transplant recipients. Transplants increase the risk of heart disease, diabetes, lymphoproliferative disorders, and more.
Organs That Tend to Be Donated The Most
A person has an option to donate their organs to another recipient in need when they pass away or are alive. Many people will have it displayed in their driver’s license that they are donors. The most common types of organs that are donated are the following:
- Bone Marrow
- Liver, and
To receive an organ, a person has to go on a waiting list. There are times when the patient waiting does not receive an organ in time. Unfortunately, there are many people that are waiting for an organ transplant.
What Are the Laws Involving Organ Transplants?
Currently, all 50 states have a version of the Uniform Anatomical Gift act which was established in 1968. This act provides the states with guidance for forming the tissue and organ policy. There are certain requirements for organ transplants that are mandated throughout the United States. These are the following requirements:
- A person with a clear mental state can be a transplant donor
- The donor must be at least 18 years of age
- The person can choose to donate specific organs or all of their organs
- Organs cannot be sold
- A donor can revoke their decision to donate organs without a problem
Each state has a specific requirement for organ donors. The protocols and registries must be researched for the specific state that the donor intends on donating in.
Statistics of Transplantations
Transplants occur more often than people may think. People are added on a daily basis on the waiting list for an organ.
- As of November, there are about 121,678 people on the waiting list for a kidney organ transplant
- The average wait for a transplant is 3.6 years. The time depends on the compatibility, health condition, and availability of the organ
- About 70% of kidney organ donations come from deceased people while 30% come from live people
- There are about 13 people that die every day waiting for a kidney transplant. That’s 4,745 people every year.
- A person is added to the transplant list approximately every 14 minutes. That’s approximately 103 people every day.
Transplantation Mistake Case Studies
Stem-Cell Transplant Error
The family of a five-year-old girl was awarded $.7.5 million. She was diagnosed with hemophagocytic lymphohistiocytosis. She received a stem transplant from her twin sister. Inaccurate and incorrect findings led to the death of the little
Incompatible Blood Type
A 17-year old girl that was scheduled for a heart and lung transplant in 2003 received incompatible organs at Duke University Medical Center. The physicians did not check the compatibility of the donor and 17-year old teen. The physicians tried to perform a second transplant to rectify the mistake but it led the 17-year old girl in a coma and caused her death two weeks later. The family was awarded $6 million.
Transplantation Organ Mistake Lawyers In Miami
Being a recipient of an organ should be to save a person’s life. When mistakes are done during the process of an organ transplant, a recipient can suffer devastating consequences like infections and death. The Miami Organ Transplant Error Lawyers at Percy Martinez Law Firm know how much mental and emotional pain a transplant recipient must be going through. A person might have to wait years before receiving a transplant and living with the thought that they could die any minute without it. Once they receive the transplant, the patient should not have to worry about further problems that can arise from the transplant.
Ideally, the recipient should be happy and live a long life after the transplant. Unfortunately, mistakes are performed by the medical professionals in charge of assuring that the transplant is done safely. The Miami Attorneys are there to fight for the transplant recipients.
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