Lawsuit alleges NYC Health + Hospitals harvested patient's organs without consent

The family of a woman with dementia who was killed by a train is suing NYC Health + Hospitals, alleging the health system donated her organs to LiveOnNY without consent, ABC7 reported July 18.

When Myriam Hoyos de Baldrich, 69, arrived at Bellevue Hospital, she was declared brain dead and did not have any identification on her. The family says that Ms. Baldrich's heart, lungs, kidneys, liver, pancreas, stomach, eye, bone, skin, veins and arm and leg tissue were harvested and donated for research and education purposes. 

"The defendant, NYCHHC failed to account for and inquire as to the decedent's personal and cultural beliefs when it authorized the dissection of the decedent's body for the purpose of harvesting and donating the decedent's organs and tissues," the lawsuit reads.

NYC Health + Hospitals declined to comment, citing ongoing litigation.

The health system maintains that it is the responsibility of LiveOnNY to identify the patient and that it is permitted to authorize organ harvesting due to the New York Gift Act.

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