Organ Donation Lawyer – Failure to Receive Consent from Next of Kin Family Member – Before Organ Removal

Does a Hospital in California First Need Consent to Take Organs from a Dying Family Member?

The answer to this question is, maybe not! In California, new laws state that the default position is that everyone is an organ donor first, unless it is stated in writing that you are not, or if the family has an exception that the loved one is not going to be an organ donor at death. Organ donation will always be a “hot” topic, because the global resources for organs will be and has always been small. The need for organs is growing as the demographic of the United States and other countries is aging fast. New laws in the United States and in California note that the default donation choice is that organs will be donated, unless the family says not to do so. This means, instead of a doctor coming to a family with a brain-dead family member and requesting or asking if the family wants to donate any usable organs after the person is declared in a place of not coming “back to life,” the assumption is to donate unless there is a statement of the family not to donate organs. With donation of organs and tissue as the default position, if you do not want to donate organs from your loved one, then you must speak up and say so before organ removal proceedings initiate at the hospital where your loved one is being treated.

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Why Is It Controversial That Donation of Organs Is Now the Presumed Posture for Everyone in California?

The wait list for organ transplants is over 115,000 and growing each year. Only a fraction of transplants will be performed each year, and the trend of more organs being needed in the upcoming years is making it more difficult to actually receive an organ if you are on the organ transplant list. By making the default posture that organs will be donated if the family does not object to this, it is forcing the hand a bit, to encourage donations. In the past, people were approached to determine if someone wanted to donate organs from a loved one who was dying. Now, the presumption is that a salvageable organ will be donated, brings up the conversation earlier that organs are desperately needed, and that a family should consider that unless there is an exception, that organs of a loved one who is dying will be donated to someone else. The controversy is that the decision to donate an organ of a loved one, appears to be taken out of the hands of the next of kin. In that situation, the next of kin may not want any organs donated to other people. The trauma of losing a loved one may be too strong, and the family may feel that the loved one who is dying has endured enough trauma for a lifetime. In short, some people do not want to donate the viable organs of their loved ones, even for a good cause. It is their decision to follow the directives of the loved one without something in writing, which would have said otherwise. Call us today to review your claim and start your lawsuit, with a knowledgeable lawyer with experience in personal injury claims for complex cases.

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Free Second Opinion Case Review / Experienced Lawyers in Failure to Receive Consent from Next of Kin Family Member for an Organ Donation Before Removal

We can give to you a free second opinion case review, from our knowledgeable attorneys who specialize in pain and suffering and personal injury claims for people who have had organs harvested and donated without permission from the next of kin and family. You can call us today to talk with a lawyer with a specialty in managing, handling and successfully winning personal injury claims. We are the lawyers who can help with a personal injury claim right now, you don’t have to guess or wait any longer to talk to our experienced attorneys in Los Angeles about your unauthorized organ donation case regarding your loved one.

Can I Sue for a Failure to Receive Consent from Next of Kin Family Member for an Organ Donation Before Removal?

Yes, we can sue if your family is in the position that you have had a family member who died, but that individual’s organs were harvested and donated before consent was properly given in your case. This type of situation happens more frequently than anyone cares to admit, and you will definitely want to call us immediately, and have a long talk with our Los Angeles case lawyers today. We can file a lawsuit on behalf of your family, and our case attorneys in Los Angeles can sue the at-fault and negligent parties in this case.

Average Case Value for a Failure to Receive Consent from Next of Kin Family Member for an Organ Donation Before Removal

There is no one case value or “average” case value that will do this type of case justice, because each case will be individual to the people bringing the action at law. Having said that, you can expect this type of claim to settle between $100,000 and $5 million or more, for the emotional pain and suffering involved in this case for the surviving family members of the person whose organs were harvested without the proper permission.

How Long Does It Take to Settle and to Get Paid on These Cases?

It can take quite some time to settle an organ donation donor failure to receive consent case. The reason being is because the default position in California is that everyone is an organ donor, unless you or your loved one has specifically said “No” to organ donation in the past. There can be many nuances to this issue, and some exceptions to the rule will apply. But this legal puzzle may take some time to sort out, and you can expect that it may take 5-8 months to settle this type of case. We are prepared to review all angles of the claim, to help you be successful in this type of claim, but we can’t do anything for you until you make the first call to us at the Normandie Law Firm at 800.790.5422.

Statute Of Limitations – How Long Do I Have to File a Lawsuit?

The statute of limitations in California for personal injury lawsuit filing is two years.

Call for a Free Consultation

You can get the ball rolling to initiate your lawsuit, when you call us today at the Normandie Law Firm at 800.790.5422.

Other Pages on Our Website Related to This Topic
Organ Donation Lawyers
Organ Transplant Malpractice