Transplant Program Liability and Risk Factors for Litigation

Abstract

While providing an introduction to and explanation of the four crucial elements of a medical malpractice claim, this chapter discusses the most common theories of transplantation liability and related issues facing surgeons and other practitioners. Causes of action are considered within the broader context of the current medical malpractice environment. Drawing upon factual examples of litigation concerning organ transplantation, this chapter explains the physician's legal duty, circumstances constituting breach of duty, proximate causation of injury, and damages caused by breach. Possible areas of liability and triggers of litigation in the transplantation setting, including the unique challenges posed by the legal need to obtain the informed consent of donors and recipients, shall be explored before reviewing the ways in which diligent documentation and clear communication by the medical team can constitute the crux of a case. Having discussed the resolution of transplantation conflicts between parties via litigation, this chapter ends by considering the various means by which patients and doctors can come to terms outside of the courtroom.