COMPENSATION FOR DAMAGES IN ORGAN TRANSPLANTATIONS IN CROATIAN MEDICAL LAW OF TORTS
DOI:
https://doi.org/10.30925/zpfsr.44.3.3Keywords:
damage, transplantation, organ(s), fault liability, strict liability, law of torts.Abstract
With the ever-increasing progress of transplantation medicine, the number of challenging legal and bioethical questions, the valid answers of which would improve the mentioned fi eld even more, increases synchronously. Due to successful procedures of transplant medicine, numerous patients have been able to properly lead their own lives. However, it can also happen that a certain procedure is not successful, which, in addition to the fulfi lment of precisely defi ned assumptions, can also lead to civil (compensating) liability of the responsible persons. The paper is based on an analytical, doctrinal, and casuistic approach. By using the doctrine of medical tort law and judicial practice, we try to offer answers to those questions that arise from the analysis of all potential emergent situations that may occur during an organ taking and transplantation. The above refers to questions of the type of liability (fault or strict), informed consent when organs are taken from living and deceased donors, other situations of taking organs from the living and deceased donors, issues related to organ recipients and family consent when transplanting organs.
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Copyright (c) 2023 Davorin Pichler, Tomislav Nedić
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