Organ Donor Protections & Rights
For a grieving family, the decision to authorize organ donation is a profound act of charity. It is a way to create a legacy of life from a tragic loss. However, this act requires the highest level of trust in the medical professionals managing the process.
Families assume that their loved one will be treated with dignity, that the process will be transparent, and that death has been declared with absolute certainty.
Unfortunately, investigations into the Organ Procurement Organization (OPO) industry have revealed that this trust is sometimes violated. Driven by performance quotas and financial incentives, there have been allegations that some operators have violated the rights of donors and their families. Traction Law Group and our co-counsel represent those who have been harmed by such conduct.
Coercion and Informed Consent Violations
Under the Uniform Anatomical Gift Act (UAGA) and federal regulations (including 42 CFR § 486.342), OPOs are required to obtain valid authorization for donation. This authorization must be voluntary and informed.
“Informed consent” means the family understands exactly what they are agreeing to. Negligence and fraud can occur when:
- Pressure Tactics: OPO “Family Care Coordinators” are often trained in assertive or aggressive consent techniques. We investigate claims where families were harassed, unduly pressured, or led to believe there would be negative consequences if they did not agree to donation.
- Misrepresentation: Families are often told their loved one’s organs will “save lives.” If the OPO knows the organs are likely to be used for research or discarded, but fails to disclose this in order to secure consent, they may be liable for fraud and intentional infliction of emotional distress.
- Revocation Violations: If a patient or family explicitly revoked consent or removed themselves from the donor registry, and the OPO proceeded anyway, this can constitute battery and a violation of civil and statutory rights. See our overview of OPO litigation for more details.
The “Rush to Recover” and Signs of Life
Perhaps the most unsettling area of OPO negligence involves the Donation After Circulatory Death (DCD) protocol.
In a DCD case, the donor is not “brain dead.” Instead, they have a severe brain injury but are still living. The plan is to withdraw life support in the operating room, wait for the heart to stop, declare death, and then immediately procure organs.
This process operates on a razor’s edge. To protect the donor, there must be a strict separation between the doctors caring for the patient and the OPO team focused on organ recovery.
- The “Standoff” Period: After the heart stops, medical standards require a “standoff period” (often in the range of 2 to 5 minutes) to ensure the heart does not restart on its own (auto-resuscitation).
- Premature Declaration: We investigate allegations where OPO staff pressured doctors to shorten this wait time or declare death before circulation had irreversibly ceased.
- Signs of Life (“Reanimation”): Whistleblowers in multiple states have reported instances where donors showed signs of life—such as gasping, moving, or tracking movement—during the DCD process. If an OPO ignores these signs and proceeds with organ recovery, or if excessive sedatives are administered solely to suppress these movements for the sake of procurement, it represents a grave legal and ethical violation.
Conflict of Interest: Who Is In Charge?
A fundamental rule of medical ethics is that the doctor treating the patient should not be influenced by the interests of organ procurement. This firewall is essential to ensure that no one is “allowed to die” for the sake of a transplant.
However, OPOs often embed staff within hospitals to monitor potential donors. If these representatives improperly influence patient care—such as demanding changes in sedation, ventilation, or treatment plans before death has been declared—they may be stepping beyond their role and contributing to unsafe care.
You Have a Voice
If you authorized organ donation and later discovered that your loved one was mistreated, your wishes were ignored, or the process was handled without dignity, you have legal options.
These cases are about more than compensation; they are about accountability. By holding negligent OPOs responsible, families can help force the industry to respect the sanctity of the gift they provide. Contact Traction Law Group at 833-236-8253 for a confidential discussion about your experience.
