Illegal Organ Removal by Hospitals

INTRODUCTION

As the hospitals and the doctors are becoming more money minded ,they are always thinking about making profits. They are misusing the patients. They are involved in illegal organ removal. They are removing the organs from the body of the patients without consent for their personal benefits, which may harm the lie of the patients.


RESPONSIBILITIES OF HOSPITALS

A person who receives a medical treatment by the doctor is called a patient. A hospital is an institution which provides medical treatment for the people. The patients, who are not well, depend upon the hospitals for curing their diseases. They prefer the hospitals which they feel more suitable to them. The hospitals are obliged to provide good treatment to the patients. They have to appoint good doctors who are specialized in different fields. The doctors should have adequate knowledge about their field and they should treat the patients according to their diseases. The doctors should be cautious while treating the people. Even a small negligence on the part of the doctor may lead to the death of the patients and invites penal liability. The hospitals are also liable for the negligence from the part of the doctors.

In India Medical Association v. V.P. Shantha[1], the supreme court observed that medical professionals do not enjoy any immunity from being sued in tort or contract .According to court . a professional man owes to his client, a duty in tort as well as in contract exercise reasonable are in giving advice or performing service. Dr. Ummar v. K.M.Hameed[2], the Kerala high court held that wrong diagnosis by expert I pathologist would be held liable to pay compensation.

In our country , India ,there are a large number of private hospitals and pubic hospitals. The people can prefer any of them according to their suitability. Now a days the cases relating to the hospitals and the doctors are increasing day by day. The private hospitals and the doctors are more vulnerable to money that they are not cautious about the health or life of the patients. They utilize their patients to make more money. We know many case in which the patient who died also kept in the ventilator for three to four days .The relatives of the patient are asked to pay money without revealing the fact that the patient has died. The dead body of the patient will be given to the relatives only if the full amount of cash is paid. The doctors and the hospitals may get bribe from the multinational companies and the may test the new medicines in the body of the patients without even undergoing any medical procedure. The doctors are prescribing the medicines which costs high, even though there are other medicines for the same disease at low cost.


ILLEGAL ORGAN REMOVAL

Organ removal is another cruelty going on in the hospitals. Organ removal means the removal of organs from the body of a human being. The patients are misinterpreted about the disease by the doctors and the patients are asked to remove their organ for their better health. The poor patients may sign all the papers given by the hospital authorities without understanding what are all have written in that paper. The patients are taken to the operation theatre and the organs are removed from their body without their knowledge. Sometimes the relatives of the patient, who is not able to pay the money, are also forced to donate their organs in order to pay the hospital bill. The hospitals may sell this organ for lakhs to the buyers.

The removal of the organs from the body of a person with his sound consent is called organ donation. It is not an offence. Many relatives may donate their organs to the patients for saving their life. Organ donation is good .The doctors should check the matching of the blood of the donor and the donee. The donor must undergo all the medical procedures to check whether the donor is fit to donate his organ to the donee. The removal of the organ from the body of a person without his sound consent is call organ removal and is a penal offence. For removing an organ from the body of a person, his consent is necessary. If it is emergency for the doctor to remove an organ from the body of a patient ,in good faith ,in order to save the life of the patient who is in unconscious condition, then the doctor can remove the organ with the consent of the relatives of the patient.

Trading of human organs is an offence which is liable to be punished with imprisonment for a term which may extend to ten years and fine of rupees one crore. There is a big racket functioning behind this organ trading and the worst thing is that the big hospitals are also involved in this racket. The illegal organ donor who is involved in this racket is also liable to be punished like others invoked in this racket.


TRANSPLANTATION OF HUMAN ORGANS ACT ,1994

Trafficking in human beings for the purpose of organ removal (THBOR)is prohibited world wide,Yet a growing number of reports indicate its increase across the globe[3].The Parliament has enacted the Transplantation Of Human Organs Act in the year of 1994.The Transplantation Of Human Organs Act,1994 is a unique legislation that deals with the organ donation. The Act regulates the removal, storage and the transplantation of human organs for therapeutic purposes. This Act also prevents the illegal trade of human organs. According to this Act ,the sale and purchase of human organs is illegal and hence punishable. Sec 13 of the Transplantation Of Human Organs Act ,1994 empowers the central government and the state government to appoint appropriate authorities for safeguarding the very purpose of the Act. It is the responsibility of the authorities empowered ,to investigate any complaints about the breach pf the provisions of the Act. In respect of the union territories including New Delhi, the director general of health services is the appropriate authority to safeguard the Human Organ Transplantation Act,1994.The Lok Sabha has passed the transplantation of human organs (amendment)Bill,2011.This amendment made the Act more strict and stringent towards the illegal dealings with human organs. This Act gives a very detailed information about the procedure to be followed for the removal of human organs, regulation of hospitals conducting the organ removal, registration of hospitals and penal liability for offences related to the aforesaid matters.

But now also illegal organ removal is going on hospitals that threatens the life of the poor patients.


CONCLUSION

Organ donation with the consent of the donor is considered as a great thing. But illegal organ removal from the body of the people especially by the hospital authorities and doctors, who are meant to safeguard the life of the people is cruel and hence an offence. The organs are removed from the body of the patients without their knowledge ad these organs are sold for lakhs and crores. The patients may die after few days. But no one knows that it is due to this reason. The organs are removed without checking the health of the patients. The laws that deals with the organ donation should be made very strict. The license of these hospitals which involved in this illegal organ removal should be cancelled and they should be strictly punished. More government hospitals with efficient facilities should be implemented for the people. The government should check the criminal background of the doctors employed in the hospitals. The doctors should be given counselling. CCTV cameras should be installed in the operation theatres of every hospitals . The people should be made aware that before they undergo operation in any hospital they should also consult other doctors of different hospitals to make sure that they have the disease or not. The patients by consulting other doctors should make sure that it is necessary to remove the organ. The doctors employed should be given attractive salary in order to avoid the brain drain.


REFERENCES

1) Dr. K.S.Narayanan Reddy and Dr .O.P.Murthy-‘The Essentials of Forensic Medical And Toxicology’-The health sciences publishers-33rd Edition-2014

2) Dr. P. C. Ignatius-‘Forensic Medicine and Toxicology’-Letterwave Books-3rd Edition

3) The Law of Torts including MV Act and Consumer protection –The Academy of Legal Publications

4) https://indiankanoon.org>search>form.

5) www.ijtonline.in.article

6) F.Ambagtsheer and W.Weimar(Eds.)-Trafficking in human being for the purpose of organ removal results and recommendations-PABST Science Publishers-1st Edition

FOOTNOTES

[1] A.I.R (1969)S.C.128 [2] A.I.R 2014 Noc.49Ker [3] F. Ambagtsheer and W. Weimar(Eds.)-Trafficking in human being for the purpose of organ removal results and recommendations- 1st Edition-P.16

Submitted by,

Akshaya. R.S.,

Kerala Law Academy College, Trivandrum.

© 2020 by AmicusX