Can a husband sue a private hospital for removing his wife's kidneys after her death?
Q: Can a husband sue a private hospital for removing his wife's kidneys after her death in the same hospital even though the husband had objected to it but the step-son gave consent. In this case they are Muslims and both the parents were dependent on the step-son. Will it make any difference being Muslims?
A:I am afraid we must seek a legal opinion on this and I - to my great good fortune - am no lawyer! Here is my observation for what it is worth. Much will depend on who took the patient to the hospital and signed the various consent forms. If the step-son was the person seen as responsible for the patient by virtue of his doing all that was required for the care of the patient, the hospital would regard his consent for donation as valid just as they would his consent for any surgery on the patient. If, on the other hand, the husband was the one seen by the hospital as the person making all decisions in the interest of the patient and if he had ordered, in writing, that kidneys not be removed by the hospital, he has a case for suing the hospital. It makes no difference whether the family is Hindu, Muslim or of any other community.