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Will death in organ transplant prompt medical malpractice claim?

A medical malpractice lawsuit may be appropriate in any setting where negligent behavior on the part of someone else is to blame for a medical injury. This means incidents leading to malpractice claims can occur in a multitude of settings. Though not yet clear, it is possible that the family of a man who recently died as a result of an organ transplant could decide to sue if it is found that there was negligence associated with his death.

Organ donation is a wonderful thing that allows sick individuals to, in many cases, live a normal life. There are certain requirements that both the donor and the recipient must meet before the transplant can be complete. Over a year ago the man in this case underwent an organ transplant surgery and it now appears that his death was the result of rabies that infected that organ.

Should the family decide to file a lawsuit in the matter alleging hospital error, it could be complicated this is because at this point there is no indication that there is any reason that a rabies test would have been run before the four of the man's organs were implanted in other recipients. At the time of the donor's death there was nothing that pointed to it being due to rabies.

Since the death of the organ recipient, the other individuals who received the man's organs have reportedly been administered shots to counter the disease.

There is likely more to come in this matter. We will provide updates as they become available.

Source: CNN, "CDC: Man died of rabies from transplant," March 15, 2013

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