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Constitutional Challenges to Liver Transplant Policy
Elliot B Tapper1, Rachel Wexler2, Edward Goldman2
1Division of Gastroenterology and Hepatology, University of Michigan, Ann Arbor, MI.
Transplantation
|July 2, 2019
Summary
Legal challenges in liver transplant candidacy, particularly concerning constitutional rights, necessitate standardized criteria for alcohol-related liver disease and age. This ensures equitable access to transplantation and mitigates legal risks.
Area of Science:
- Medical Law
- Transplant Ethics
- Public Health Policy
Background:
- Liver transplant candidacy decisions can lead to legal disputes.
- Denials based on protected classes may trigger constitutional claims.
- Judicial review can significantly impact organ transplant policies.
Discussion:
- Analysis of court opinions reveals common legal challenges in liver transplantation.
- Cases involve denials for alcohol abstinence, inmate status, religious objections (bloodless transplant), and age discrimination.
- These cases highlight constitutional issues under the First, Eighth, and Fourteenth Amendments.
Key Insights:
- Legal precedents exist for constitutional claims in liver transplant denials.
- Specific patient populations, including those with alcohol-related liver disease and elderly patients, face scrutiny.
- Religious freedom and equal protection are central to these legal battles.
Outlook:
- Standardizing transplant candidacy criteria across payers is crucial.
- Addressing age and alcohol-related criteria can prevent future litigation.
- Clarifying policies on candidate citizenship and donor service areas is recommended.
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