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pramod (lawyer)     03 June 2011

organ transplantation

the application for transplantation of kidney was dismissed by medical committee

on the ground that the donor is smoker and alcoholic, is there any decision

in favour of the donee? plz inform the sitation



Learning

 5 Replies

Suchitra. S (Advocate)     03 June 2011

In case donor is an alcoholic and smoker, medically he may not be fit to be a donor and so, the application is rejected. I do not think there will be any case law to support donee in this case. 

prabhakar singh (advocate)     04 June 2011

kideny is to be transplanted to restore the donee to his health,donor found himself to be unfit by nedical committee,why you want assil it while it is a decision for yor own welfare.The medical committee has a final say in this matter,the courts shall not,and also should not, interfere in the matter.

prof s c pratihar (medical practitioner &legal studies)     05 June 2011

i went to see a minister who is survibing more than a decade after transplantation.in his house i have seen fifty persons have come to give his kidney definitely not free of cost.he told a man 23 yrs old  qualified asMA..why you have come?you havea bright future. he replied - my father donated and doing well.hidden point is the alcoholic  has come for money  and that he will utilise in future for further use of alcohol.chronic smoker and alcohol causes intrarenal vascular changes and is not a good doner.if medical board disqualifies him he has no legal remedy .law has been made but difficult to enforce rigidly and that is the pitiable part.

Vigneswaran (Lawyer)     14 June 2011

The authorities in this case would have the last word, I have filed a writ petition under the Transplantation of human organs act challenging and order of the committee, but the court declined to interfere, but passed orders to consider the application again, but my case was not of a smoker or alcoholi. Here it was exchanging kidneys. and the order was passed without non application of mind and in contravention to the act. 

pramod (lawyer)     14 June 2011

thanks mr.vigneswaran


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