Social Question

Ltryptophan's avatar

If someone steals my kidney, and implants it in another, can I get my kidney back?

Asked by Ltryptophan (10780points) May 25th, 2010

Rog is abducted by a very crazy doctor who has carefully selected him for his health, diet, and blood and tissue types that are compatible with his wife of 17 years who is certain to die without a kidney transplant.

After giving his wife one of his kidneys and nursing Rog to recovery, the doctor turns himself into the police confessing his evil misdeed. They arrest him and charge him with something very serious.

After one month Rog is in perfect health. He returns to his normal regime of weekly tennis. However, Rog is emotionally very scarred and wants his spare kidney back.

Can he have it back? Would he want it even if he could? Can he insist it be removed even if it is not possible for it to be put back inside of him.

Bonus: What do you charge the doctor with?

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27 Answers

dpworkin's avatar

Craig’s List has a section for lost kidneys.

chyna's avatar

Would you want it back after it had been in someone else’s body?

JLeslie's avatar

All the kidney robberies I have heard of leave the person for dead.

But, going on the premise you have presented…if you are healthy, and knowing taking the kidney back will kill the other person, do you want it back?

Ltryptophan's avatar

see…in this scenario…Rog wants his kidney. The only way he doesn’t want it is if it will do him harm somehow.

Dr_Dredd's avatar

I would want the kidney back. I’m sorry that the other person would suffer (not necessarily die; he or she could probably be maintained on dialysis for awhile), but I wasn’t asked to donate. In later life, I might be at risk from only having one kidney. Furthermore, what if one of my family members needed a kidney themselves later? I’d rather put my health at risk to help one of my own than a stranger related to someone who stole my body part.

rebbel's avatar

Who’s Rog?

Ltryptophan's avatar

@rebbel he is the person in the above fictitious scenario…

JLeslie's avatar

I think I am such a freak about surgery and germs that I would be afraid to take it back. But if Rog wants it back, then yes I think he should get it. Like @Dr_Dredd pointed out, the recipient can go on dialysis.

Ltryptophan's avatar

Even though this question just got sent to the social section by the Mods… I don’t know why… It is a serious question. How do property rights extend over stolen organs?

rebbel's avatar

@Ltryptophan
Ah, it is fiction.

In that case, if rebbel was Rog, i would not want it back if i can live on healthy and the other person is okay too.
The doctor should be tried for abduction, assault, and (possible) manslaughter.

Trillian's avatar

If Rog can survive with his remaining kidney, I think he should just be happy that he didn’t have his mouth attached to someone’s anus while he was sleeping.

BoBo1946's avatar

Maybe, you could come up with a compromise. Put them on MPP! Charge high interest!

Great question, that probably in real world, would go to the Supreme Court to resolve this one!

Primobabe's avatar

I promise not to steal Rog’s kidney. I might borrow it without his permission, but I’ll give it back when I’m done using it.

Ltryptophan's avatar

Obviously, some of you don’t like the concept of personal property. I on the other hand would like to believe that I have the final say over what comes of my limbs and organs, much less my more insignificant accoutrements. If I were in Rog’s shoes I would certainly sue the doctor into oblivion. I would insist that the wife be rigorously interrogated for any inkling that she might have known that this might occur. If it were found out that she was an innocent ignorant beneficiary of the doctors misdeed, then I would let her keep it. If she were involved, and it were possible for the kidney to be reharvested; then I would find the most needy recipient from a donor list that matched my tissue type and insist on having the kidney removed and implanted in a more patient host. I would not want my kidney being put behind bars with an accomplice to my own attempted murder.

Cruiser's avatar

Rog should take the wife after all she must be a catch if the Doc was willing to go through all the trouble to save her. For sure he would have let her die if she was a hag in bed.

chyna's avatar

@Trillian Thanks, I almost had that movie out of my mind.

RealEyesRealizeRealLies's avatar

Take the kidney back, and at the same time, take the doctors kidney and put it in the other person.

Dr_Dredd's avatar

Agree with @Ltryptophan, except that I would demand my own kidney back instead of giving it to yet another recipient.

CyanoticWasp's avatar

This scenario seems pretty serious. How did it escape being put in General?

On the other hand, a doctor who can nurse a kidney donor back to the ability to play tennis in one week has serious skillz that should be utilized better than working as a trustee in a maximum security prison.

Ltryptophan's avatar

@CyanoticWasp I didn’t say it took a week to nurse him back to health. I said after nursing him to recovery without mentioning a specified amount of time. Rog was playing tennis after a month, but that’s Rog, as a specimen, yes, he’s intimidating.

CyanoticWasp's avatar

@Ltryptophan you’re right; I stand corrected. You said “after a month… weekly tennis” and I misread.

beancrisp's avatar

His wife can keep the kidney, provided he pays me ten million dollars.

RocketSquid's avatar

On a legal level I’d almost think it would fall under the same category as, say, stolen food or gas, it’s not something you could necessarily get back easily (since he is healthy without it, she is not). I’d imagine the amount of money for restitution would be pretty immense, though.

BoBo1946's avatar

loll..you are welcome!!!!!!!!!!

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