Organ Transplantation Law No. 2238: Regulates organ donation processes and ethical rules.
Types of Donation
- From living donor: Relative or non-relative (board approval)
- From cadaver: From person whose brain death is detected
Detection of Brain Death
- 2 different experts physician's report
- EEG, brainstem tests
- Official document (Ministry of Health)
Donation Conditions (Living Donor)
- Over 18 years of age
- Mental health
- Written consent in the presence of a notary
- No fee/remuneration
- Ethics committee for non-relatives approval
Commercial Prohibition (TCK Article 91)
- Organ trade is a crime (1-3 years in prison)
- The mediator is also punished
- Even if there is a transplant abroad
Compensation (For the Donor)
- Damage caused by donation (health problem)
- Hospital liability (surgical error)
- Drug treatment expenses
Supreme Court 13. HD
13. HD accepts that the physician and the hospital have special duty of care in organ transplant surgeries, and that care will be sought above normal surgery standards.
Donation Cancellation
- Cancellable at any time before the surgery
- Cancellation is not possible afterwards (the organ was donated)
Health law lawyer is recommended.