Failed Organ Transplants and Medical Negligence: Understanding Your Rights

Organ transplantation has changed countless lives, giving hope to people with severe organ failure. A successful heart, liver, kidney, or lung transplant can be life-saving. Advances in surgery, donor matching, and medications have made these procedures much safer and more effective.
Still, organ transplants carry serious risks, and when things go wrong, the results can be life-changing. Some failures happen because of preventable mistakes, such as surgical errors, mismatched donors, or poor care after surgery. In these cases, patients or their families may have the right to take legal action.
Oran Partners is Turkey’s only law firm dedicated entirely to medical malpractice. We focus on cases involving transplant negligence. This guide explains how transplant malpractice can happen, what your rights are, and how we can support you in seeking justice.

How Organ Transplants Can Fail

Transplants may fail for a number of natural and medical reasons, such as:
  • Organ rejection due to the immune system response
  • Unforeseen infections transmitted from the donor or acquired post-surgery
  • Complications from immunosuppressive medications
  • Pre-existing patient health issues interfering with recovery
But not every transplant failure is unavoidable. Some happen because of human mistakes, system problems, or not following medical rules. These preventable failures may be considered medical malpractice.

Common Examples of Transplant-Related Negligence

Transplant malpractice can occur before, during, or after the operation. Examples include:

Surgical Errors

  • Poor surgical technique results in damage to surrounding organs or tissues
  • Incomplete vascular connections cause organ failure
  • Failure to control bleeding or prevent contamination during the procedure

Mismatched Organs

  • Transplanting an organ that is incompatible in blood type or tissue match
  • Errors in immunological testing, such as ignoring antibodies that predict rejection

Failure to Screen Donor Organs

  • Transplanting organs infected with hepatitis, HIV, cancer, or other serious diseases
  • Lack of thorough background checks on donor medical history

Post-Operative Mismanagement

  • Failure to monitor for early signs of organ rejection
  • Incorrect dosage or delay in administering immunosuppressive medication
  • Ignoring patient symptoms such as fever, pain, or swelling, which may signal infection or organ failure

Delays in Surgery

  • Unjustified delays in transplant surgeries leading to ischemia or organ death
  • Poor coordination among transplant teams and operating room staff

Recognizing Medical Negligence in Organ Transplants

To determine whether a failed transplant was caused by negligence, it’s essential to assess whether the healthcare providers deviated from accepted standards of care. Warning signs that negligence may have occurred include:
  • Failure to properly match the donor and the recipient
  • Lack of informed consent about transplant risks
  • Inadequate monitoring after surgery
  • Ignoring lab results or abnormal vital signs
  • Providing outdated or contraindicated medications
Transplant medicine is complicated, so it can be hard to spot signs of malpractice. Talking to legal and medical experts early on is important for building a strong case.

Your Legal Rights After a Failed Transplant

Patients or families affected by transplant-related malpractice have the legal right to pursue compensation. Depending on the case, damages may include:

Economic Damages

  • Costs of corrective surgeries or re-transplantation
  • Hospital bills, rehabilitation, and long-term care
  • Lost income and future earning capacity

Non-Economic Damages

  • Pain and suffering
  • Emotional trauma caused by the failed transplant
  • Loss of quality of life

In Case of Death (Wrongful Death)

  • Funeral and burial expenses
  • Loss of companionship for surviving family members
  • Future financial support the deceased would have provided
To succeed in a medical malpractice claim, you must prove:
  1. A duty of care existed between the healthcare provider and patient
  2. That duty was breached due to negligence or error
  3. The breach directly caused harm or organ failure
  4. You (or your loved one) suffered damages as a result

Challenges in Organ Transplant Malpractice Cases

Transplant malpractice cases are among the most legally and medically complex types of claims. Some challenges include:

Medical Complexity

Organ transplants involve a team of specialists surgeons, anesthesiologists, immunologists, and nurses. It can be difficult to determine who was responsible for the error.

Causation Disputes

Hospitals and insurance providers often argue that the transplant failure was due to natural rejection or underlying health conditions, rather than negligence.

Documentation and Records

Success depends on a thorough examination of:
  • Operative reports
  • Donor screening results
  • Immunology and pathology records
  • Medication logs
  • ICU monitoring data
To review these records properly, you need a team that understands both medical details and legal processes.

How Oran Partners Can Help

Oran Partners has extensive experience with transplant malpractice cases. Our team understands both the legal side and the medical details, including transplant procedures, surgical mistakes, and international healthcare rules.

Our Services Include:

  • Immediate case evaluation to determine if malpractice occurred
  • Thorough review of transplant records, lab results, and post-op care
  • Collaboration with leading medical experts and transplant surgeons
  • Filing and managing claims against hospitals, transplant teams, and third parties
  • Support for international clients who received transplants in Turkey
  • Multilingual communication and legal assistance throughout the process
We have helped families get compensation and find closure after the difficult experience of a failed transplant.

What To Do If You Suspect Transplant Malpractice

If you or a loved one suffered from a failed transplant and suspect negligence, take these steps as soon as possible:

Request Full Medical Records

Obtain:
  • Surgical reports
  • Donor-recipient matching data
  • Medication administration records
  • Pathology and immunology test results

Seek an Independent Medical Review

Consult another transplant surgeon or immunologist to evaluate the likely cause of failure.

Document All Damages

Keep detailed records of:
  • Medical bills
  • Travel and accommodation costs (if you traveled for surgery)
  • Emotional and physical symptoms
  • Missed work or job loss

Contact a Malpractice Attorney Immediately

Legal deadlines (known as statutes of limitations) apply. In Turkey, these deadlines can vary depending on when the negligence was discovered, so it’s important to act fast.

Take Action Today

A failed organ transplant is deeply personal, but if negligence was involved, it may also be a legal issue. If your transplant failed because of a preventable mistake, you have the right to seek answers and compensation.
Contact Oran Partners today to schedule a complimentary consultation.
We are here to help you understand your rights, build your case, and fight for the justice you deserve.