(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/elder abuse case and its proceedings.)
It is worth noting that situations similar to those described in this case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser, U.C. Davis Medical Center, Mercy, or Sutter.
Organ Donor Association And Its Staff Violated California Law And The UAGA
California Health and Safety Code section 7182 provides, in pertinent part, as follows:
Neither the physician making the determination of death under Section 7155.5 nor the physician making the independent confirmation shall participate in the procedures for removing or transplanting a part.
Plaintiff’s complaint further alleges that as provided by California law, transplant doctors are not to direct the treatment of potential organ donors before they are declared dead. Plaintiff alleges that Defendants, including specifically David Hill, M.D., whom Plaintiff alleges was an employee and/or agent and/or representative of Defendant ODA, “violated California law by taking part in Robert Lee’s care and treatment before his own and independent physician declared him dead.”
Defendant ODA Did Not Attempt In Good Faith To Act In Accordance With The Provisions Of The Chapter At Issue
It is clear from the allegations of Plaintiff’s complaint that Plaintiff is alleging that Defendant ODA violated numerous provisions of California law, and that ODA did not attempt in good faith to act in accordance with the provisions of the UAGA. Plaintiff alleges that ODA attempted to obtain her consent for organ donation when she was “in shock, and terribly upset.” ODA repeatedly attempted to obtain her consent, after she already told them she had to leave and could not give consent.
Eventually, in shock and distress, and under duress without full informed consent, Plaintiff acquiesced to ODA’s repeated attempts to gain consent. Plaintiff did so without knowing that doctors and ODA already knew that her son was not an appropriate candidate for organ donation. Plaintiff further alleges that ODA attempted to obtain her consent with intentionally false and/or recklessly made misstatements to Plaintiff.
Plaintiff has alleged that Defenant ODA and its employees, agents and representatives knowingly and intentionally violated California law, misled Plaintiff to gain her consent, and then intentionally attempted to cause her son’s death. Plaintiff submits that the complaint clearly alleges that ODA did not act in good faith. Health and Safety Code section 7155.5(c) does not support Defendant’s demurrer. (See Part 4 of 11.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.