Solid Organ Transplant Litigation at One of Europe’s Largest University Hospitals

TL;DR

This study examines medical lawsuits related to organ transplants at a major French hospital, finding that while most cases were ruled in favor of the hospital, litigation is increasing and better patient information is needed.

Contribution

The study provides the first detailed analysis of litigation trends in solid organ transplantation at a large European hospital system.

Findings

52 solid organ transplant cases were litigated between 2015 and 2022, with litigation rates increasing over time.

Most lawsuits were related to post-operative complications, and the hospital was not held liable in 79% of cases.

Kidney transplants accounted for nearly half of the cases, with many complaints involving living donors.

Abstract

Due to its intrinsic complexity and the principle of collective solidarity that governs it, solid organ transplantation (SOT) seems to have been spared from the increase in litigation related to medical activity. Litigation relating to solid organ transplantation that took place in the 29 units of the Assistance Publique-Hôpitaux de Paris and was the subject of a judicial decision between 2015 and 2022 was studied. A total of 52 cases of SOT were recorded, all in adults, representing 1.1% of all cases and increasing from 0.71% to 1.5% over 7 years. The organs transplanted were 25 kidneys (48%), 19 livers (37%), 5 hearts (9%) and 3 lungs (6%). For kidney transplants, 11 complaints (44%) were related to living donor procedures and 6 to donors. The main causes of complaints were early post-operative complications in 31 cases (60%) and late complications in 13 cases (25%). The verdicts were in favour of the institution in 41 cases (79%). Solid organ transplants are increasingly the subject of litigation. Although the medical institution was not held liable in almost 80% of cases, this study makes a strong case for patients, living donors and their relatives to be better informed about SOT.

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