Understanding The Legal Implications or Organ Donations

Watch Avinoam Laby Get Interviewed on KFYR TV on the Ethical and Legal Concerns Surrounding Organ Procurement

MANHATTAN, NEW YORK (August 6, 2025) – Organ donations remain an important part of the medical industry and are responsible for saving thousands of lives every year.

According to the Gift of Life Donor Program, “More than 48,000 Americans received a life-saving transplant in 2024, the first time yearly transplants exceeded that threshold. Sadly, 13 people die each day waiting for an organ transplant.”

But there are a number of ethical and legal considerations surrounding the procurement of organs for these procedures. Avinoam Laby is an attorney at GLK Law who focuses on medical malpractice and personal injury litigation.

He recently sat down with KFYR TV to discuss ethical and legal issues with some of the ways that organs are procured.

“These organ procurement organizations have incentives, large incentives, in getting as much organs as soon as possible from bodies. You have situations where someone may not be completely brain dead yet. You may have a situation where it’s an unidentified person,” according to Laby.

This was exactly the situation one family found themselves in after their loved one died. In May 2022, a 69-year-old woman was tragically hit by an L train by 14th St. in Flatiron. She was taken to New York City Health and Hospitals and declared brain dead.

She didn’t have any ID or belongings on her at the time of the accident. Her family filed a missing person’s report with the Nassau County Police Department on May 8.

Family members later learned that all of her organs had been harvested without their consent after she was taken to the hospital. Avinoam Laby is currently pursuing a civil action against New York City Health and Hospitals on behalf of the woman’s son.

Liability for Illegal Organ Harvesting in New York

Family members do have legal recourse in the event that their loved one’s organs were taken without proper authorization. It is illegal for hospitals to tamper with a deceased person’s body without the expressed consent of their next of kin. Pursuant to Public Health Law – PBH § 4307, “It shall be unlawful for any person to knowingly acquire, receive, or otherwise transfer for valuable consideration any part for use in human transplantation.” Hospitals are supposed to take reasonable measures to identify unclaimed persons.

• Hospitals should search for identification and belongings.
• Hospitals should check regional medical records.
• Hospitals should use biometric or demographic data, such as tattoos, to match against other records.
• Hospitals should notify law enforcement and perform fingerprinting if possible.
• Hospitals should coordinate with the medical examiner or coroner.
• Hospitals should do their best to preserve physical and forensic evidence.

It can be difficult to know where to begin after your loved one’s remains have been illegally kept or harvested. These incidents can be devastating for families with deeply held religious convictions related to proper burials. Sadly, hospitals and other organ procurement organizations have demonstrated time and time again that they will not accept responsibility for their mistakes related to unauthorized organ harvesting. This is why it is so crucial for victims to seek experienced legal counsel.

Getting Legal Help for Illegal Organ Harvesting in New York

GLK Law remains committed to upholding the rights of all people across New York. We understand how traumatic it can be to have the remains of a loved one illegally withheld or harvested. This is why we have fought so vigorously against New York City Health and Hospitals and other organizations. Organ harvesting should never be performed without the expressed consent of the individual and family involved.

Have the remains of your loved one been illegally withheld or harvested? There are a number of laws designed to protect your rights. Our team of personal injury attorneys is here to help in any way that we can. We have consistently achieved some of the highest verdicts and settlements on behalf of our deserving clients. Whether you just have legal questions or are thinking about hiring an attorney, we are here for you. You can reach out to us anytime at (516) 908-9792.