Liability and Cases about Organ Donation and Examination
What the liabilities will come from organ donations and examinations? It will be discussed at first. In the U.S., to foster organs donations and transplants, congress passed the Uniform Anatomical Gift Act in 1968, which immunes the hospitals and related personnel from liability produced from the procedure affiliate with the procurement and transplant. Even with the Uniform Anatomical Gift Act, there was a case in which examinations didn’t done well, and resulted in serious infections in the patients. In that case, court ruled that the examinations didn’t fit within the medical standard of care, and it was hospital who should undertake liability. This scenario was the same with HIV-infectious- organ-transplants-incidents happed in National Taiwan University in 2011. And I will argue that, if patients didn’t settle with National Taiwan University, it was the hospital which should undertake the organizational liability.