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HC: No Need to Review a Previously Approved Organ Transplant

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eMediNexus    15 October 2022

The Madras High Court on Thursday said that once the authorization committee for organ transplant gives its permission to transplant an organ from the donor to the recipient, there is no need to review the procedure or process following any complaint.

 

On October 11, the Special Government Pleader (SGP) attached to the High Court submitted a writ petition from Mr. Naresh Kumar Sagar requesting directions for the private hospital to implement the approval for liver transplants granted by the review committee. According to the petitioner, his wife was a close relative of the patient seeking a donor, and he had given his consent to donate the liver. The same request was forwarded to the Committee. The committee granted its approval on September 16. However, on September 29, following a complaint from Sagar’s brother alleging that the hospital was wooing the donors and doing the organ transplants for "extraneous considerations", the hospital stopped the process and forwarded the complaint to the committee.

 

Hence, the petitioner moved the HC to seek directions for the hospital to implement the approval granted by the committee on September 16. When the matter came up on October 11, the bench added that once the authorization committee gave its approval, there was no further order or nod or approval from it based on any complaint from a third party.

 

The petitioner, being the donor, is still willing to donate the organ to the patient. Thus, the court felt that there was no need for further impediment for the hospital to proceed with the surgery. The judge directed the hospital to proceed with the surgery. 

 

(Source: https://theprint.in/india/no-review-of-once-approved-organ-transplant-hc/1166820/ )

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