Malpractice in Transplant Donor Death

In July 2007, a California surgeon was charged with criminal malpractice prescribing excessive drugs to a comatose and terminally ill patient in order to hasten his death so his organs could be harvested for transplant surgeries.

In this case, the prosecutors stated that the patient, who was found to have irreversible brain damage and was being kept alive on a respirator, was not considered brain dead because he still had limited brain function. Although the patient’s family had given approval for the organ donation, the procedure did not take place because the patient did not die within 30 minutes of being removed from life support.

This case, the first such criminal case against a transplant doctor in the United States, was being prosecuted because California state law prohibits transplant surgeons to be involved in the treatment of potential organ donors before they are declared dead.

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