Title
Transplanting diseases from organ donors in Western Europe : fault liability or strict liability? Transplanting diseases from organ donors in Western Europe : fault liability or strict liability?
Author
Faculty/Department
Faculty of Law
Publication type
article
Publication
Dordrecht ,
Subject
Law
Source (journal)
European journal of health law. - Dordrecht, 1994, currens
Volume/pages
22(2015) :3 , p. 207-238
ISSN
0929-0273
1571-8093
Carrier
E
Target language
English (eng)
Full text (Publishers DOI)
Affiliation
University of Antwerp
Abstract
This article will examine the problem of disease transmission through organ transplantation from a civil liability perspective. Both fault liability and strict product liability might be possible. These two types of liability will be compared, while applying them to the actions of the central parties involved in organ donation and transplantation, namely the physician/hospital, the donor and the organ exchange organisation. While product liability is generally an easier way to obtain compensation than fault liability, it might nevertheless place too heavy a burden on the transplant professionals.
E-info
https://repository.uantwerpen.be/docman/iruaauth/98270a/9f6f81f3101.pdf
Full text (open access)
https://repository.uantwerpen.be/docman/irua/5790c1/10159.pdf
Handle