well, there are a couple of other issues. 1: the delay in getting the word out of the donor’s cancer, and 2; the recommendation that he had little to worry about. He COULD have had the kidney removed and/or started chemotherapy. In 20/20 hindsight it was the wrong advice. They will fight it out in court whether it was malpractice.
If I were a juror on this case I would be on the side of the organ recipient. Ignorance is no excuse and therefore the doctors are responsible. Testing of organs for disease should be mandatory before transplantation if it isn’t already because it is just plain old common sense.