Who must compensate an organ donor when he can no longer work as before as a result of transplantation? The Federal Court looked at the case of a kidney donor who fights to obtain compensation. And the TF partially admitted its appeal.
What happened? In 2006, this 27 -year -old building painter, had donated a kidney to his sister. But due to a nervous lesion occurred during the intervention, he had no longer been able to continue to fully exercise his job, explains the TF on Tuesday. He had therefore affected various compensation for loss of gain from two boxes-maladie to which his sister was assured. But in 2017, she had changed cash. And the new insurer had refused to take charge not only in the years 2015 and 2016, but also in the following years until his retirement, a sum of nearly 940,000 francs.
The donor therefore turned to the Thurgovien administrative court. Who dismissed him. He then used the TF. Verdict: Mon-Repos gives him partly wrong. According to the judges, neither the law on health insurance nor his order allow him to claim compensation with the cash register of his sister.
But the TF also gives it partly reason. Because an article in the transplant law could base its request, he says. HIC: This request falls under public health law, and not in the field of social insurance. The TF therefore specifies that the Thurgovian court was not competent to decide. It is up to the federal administrative court to decide. Reason why Mon-Repos sent him the file.
