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California case. 26 year old dies, has no drivers license.

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California case. 26 year...

California case. 26 year old dies, has no drivers license. Organ donor network gets her mother to agree with organ harvesting. Father disagrees. Moreover, mother knew of ex-husband's opposition, and told the organ donor organization. Also, the donor organization never met or talked with the father, and the organ and tissue harvest occurred. California health and safety code 7150.40 states that if one parent agrees, but knows of the other parent opposes organ donation, the proceedure will not take place. but it it.

Lawyer's Assistant: Has anything been filed or reported?

Not yet. both the hospital and the organ donor organization have agreed, quite willingly, to meet.

Submitted: 7 months ago.Category: Legal
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1/5/2018
Lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,895
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Customer reply replied 7 months ago
do i have a case? Both the hospital and the Donor Network West violated the state code.
Lawyer: Law Educator, Esq., Attorney replied 7 months ago

Thank you for your reply.

Yes, if they allowed the organ donation without consent of both parents AND the organ donation network and hospital knew there was a second living parent, then they are liable to you for allowing the donation without your consent. The problem is trying to put an amount of damages on this type of thing, since it is an extremely hard case to determine value of damages for.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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