An organ transplant can be a life-saving procedure for a patient suffering from a certain condition. However, despite hundreds of successful organ transplant procedures in Pittsburgh, PA, every year, mistakes can occur.

When medical malpractice happens, consequences can have serious repercussions for patients. It is even possible for a reasonably careful physician to be responsible for a mistake in a medical malpractice case.

A Medical Malpractice Case Involving An Organ Transplant

One of the earliest medical malpractice cases happened in 2003 involving a 17-year-old patient named Jessica, who had received a lung and heart transplant from a donor whose blood was type A. Towards the end, surgeons realized the donor’s blood type was not compatible with Jessica’s blood type. Even though Jessica received a lung and heart transplant from a matching donor after about 10 days, the damage had already occurred from the mismatch. Jessica died as a result of irreversible brain damage.

Jessica’s family, who were immigrants from Mexico, were not able to get good compensation because they were misadvised while trying to get justice for the wrongful death of their loved one in the US. Her family barely spoke English. You or your loved one could face the same or similar circumstances as Jessica’s case and fail to hold the hospital or doctors and surgeons responsible.

Organ Transplant Malpractice

Kidney transplants are the most popular procedure. Other vital organs that undergo transplant procedures in the United States include the liver, lung, heart, intestine, and pancreas. Some of these surgical procedures are not always done with high standards of expected care. Some of the complications that patients have experienced during organ transplant procedures include:

• Surgical organ transplant without authorization
• Operating on the wrong body part or the wrong patient
• Transplanting an infected or diseased organ on a patient
• An injury during the surgery in another part of the body
• An injury caused by errors associated with an administered anesthesia
• An organ transplant to a patient whose blood type does not match that of a donor
• A piece of Surgical equipment left behind on a patient’s body after surgery

All of the above-mentioned scenarios are life-threatening, and they’re medical negligence cases. You have a right to seek compensation to recover damages such as medical bills, pain and suffering, and more.

Experienced attorneys can help you prove negligence or provide evidence of transplant malpractice action. Some of the negligent actions by medical providers include lack of planning during surgical practice, use of alcohol or drugs by the surgeon or doctor during surgery, and poor communication during the surgery. Others are surgeon incompetence and surgeon neglect or failure to act carefully.

What Does The Proximate Cause Doctrine Say?

Under the doctrine of the proximate cause, the damage suffered by the victim must be foreseeable as a possible consequence of negligence by the tortfeasor (in this case, the doctors or surgeons responsible for causing harm). In other terms, any general risk that is created as a result of negligence due to the tortfeasor’s actions is classified as damage to the victim.

This also means irrespective of whether the organ transplant mistakes resulted from errors or mistakes due to the surgeon’s failure to identify a condition (whether it’s common or rare) in the donor’s organs, the patient or the family is liable to get compensated for the damage caused.

Under the “proximate cause doctrine,” the doctors or medical providers cannot claim the condition of the donor’s organ was rare. They should have done all the tests to ensure the recipient received the right organs that will not lead to complications or even death. The victim or the family has a viable transplant malpractice lawsuit to pursue and deserves compensation.

What Are The Federal Organ Donation Laws?

The system of transplantation is supported in the United States under the legal framework that oversees organ donation procedures and treatments.

The Uniform Anatomical Gift Act (UAGA) is the main law that governs organ donation in the US. UAGA is passed into law as legislation by each state. Uniform commissioners were responsible for drafting the UAGA. The commissioners identify laws that fall under states’ powers and cannot be federally regulated but benefit from uniformity across the nation. Laws on organ donation are one of the areas reserved for the states.

The UAGA establishes the US organ donation system as a gift law under the legal principle. Since the UAGA has been enacted in each of the US states, you are protected under the organ donation medical malpractice in Pennsylvania. You are required to provide proof that mistakes occurred and that the surgeon was inconsistent during organ transplantation, which resulted in bodily harm.

Consulting An Organ Transplant Malpractice Attorney In Pittsburg, PA

To file a lawsuit against a medical facility or surgeon for negligence, a comprehensive and complete understanding of organ transplant malpractice laws is necessary. Expertise in proving both negligence and accountability is of paramount significance. It is vital for you to seek urgent legal consultation if you were harmed during surgery or you lost a loved one due to medical malpractice.

Why Choose Our Legal Services In Organ Transplant Medical Malpractice In Pittsburgh, PA

At J.P. Ward & Associates, LLC, we’re experts in medical malpractice cases and lawsuits, including those that involve organ transplants in Pittsburgh, PA. We create an excellent attorney-client relationship, and we will not share any confidential or sensitive information with anybody in your transplant malpractice case.

We will handle your medical malpractice case with diligence and utmost care with the main objective of getting a fair or deserved compensation whether we settle your case out of court, in a trial court, or even at the court of appeal. We pay keen attention to details to ensure that we don’t miss anything that may hinder us from providing proof or evidence against the negligent surgeon or medical provider.

We have successfully represented numerous clients with medical malpractice issues and won fair compensations for the damages they have incurred in Pittsburgh, PA. J.P. Ward & Associates, LLC will help you get back on your feet and continue with your life after winning a deserved payment for damages in a medical malpractice lawsuit or case. Contact us today and let us help.