However,
Switzerland: kidney donor claims million:
Federal court
After his kidney donation. Therefore, he demanded a million from his insurance – Switzerland: kidney donor claims million
A man remained invalid after giving his sister a kidney. Similarly, Justice opens a way to a possible compensation that his insurer refuses to him.
The man, who was 27 years old during transplantation, developed lasting medical complications thereafter (pretext photo).
Getty Images
A building painter who donated a kidney to his sister in 2006. Consequently, has just taken an important step in his quest for compensation for loss of gain. Similarly, The Federal Court partially admitted his appeal against the Summiswalder health fund. Moreover, which switzerland: kidney donor claims million refused to pay it nearly a million francs in compensation, and clarified the legal framework applicable to living organ donors.
The man. who was 27 years old during transplantation, developed sustainable medical complications, including nervous lesions on the left shoulder which prevent him from fully exercising his profession. These sequelae led him to claim 938. 390 francs from his insurer in 2020, representing his estimated loss of gain from 2015 to the retirement age.
The insurer refuses compensation
After the insurer’s refusal to honor this request, the donor turned to justice. The Thurgovian administrative court having rejected his request, he brought the case before the Federal Court. The central question concerned the exact legal nature of his claims: did they fall under health insurance. private law or another branch of law?
The High Court decided in favor of an interpretation which places these claims in the field of federal administrative law. specifically of health law, and not in that of social insurance. This distinction is crucial because it determines the competent body to judge such disputes.
Protect donors
By referring the case to the federal administrative court. the Federal Court recognizes the importance of protecting people who donate a body: “This decision is part of a policy aimed at encouraging organ donations while ensuring that donors do not undergo financial prejudice because of their altruistic act.”
For this kidney donor. the legal battle is not over, however, but the clarification brought by the Federal Court constitutes a significant advance which could benefit all organ donors in Switzerland faced with similar situations.
“Latest news”
Do you want to stay at the top of the info? “Tribune de Genève” offers you two meetings per day, directly in your e-mailbox. To not miss anything of what is happening in your canton, Switzerland or in the world.
Other newsletters
Did you find an error? Please report it to us.
Further reading: Switzerland: Exports fell between April and June – Switzerland begins correctly – Feminicide in Vevey: the accused had just been released – Switzerland is sentenced in the Semenya case – Neuchâtel forests: two engineers appointed to direct the Canton Forests section.
