Liability for the Unauthorized Removal of Cadaveric Transplant Material

Abstract

It has been assumed that the removal of cadaveric transplant material would result in liability being incurred, if not done in accordance with the Human Tissue Act 1961. This might not always be so. There are no established torts which would normally be applicable—although on general principles the unauthorized removal might well be actionable, on the ground that it constituted an interference with the right to possession of the person under a duty to dispose of the body. If this person had given his consent, he could not subsequently recover damages. Where the unauthorized removal obstructed coronial or police inquiries, or the course of public justice, a doctor would sometimes be criminally liable. However, in the usual case, it is not certain that the unauthorized removal would itself amount to any crime. In those cases where the unauthorized removal did bring the doctor within the range of some tort or crime, there is the possibility that he might be able to escape liability if his action was necessary to save the potential recipient's life.