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View Full Version : Update: Yeah, we threw away your kidney, but suing us for negligence?




aGameOfThrones
08-29-2013, 10:27 PM
The University of Toledo Medical Center admits a nurse threw away a teen's kidney before it could be transplanted into his sister last year, but nevertheless is asking a state court to dismiss a lawsuit filed by the family.

UTMC eventually was able to arrange another kidney for Sarah A. Fudacz, and she had a successful operation in Denver last November. But now, in court papers, the medical center denies it was medically negligent.

"They are admitting they threw the kidney away, but they are not admitting substandard medical care," Fudacz family lawyer James E. Arnold told ABCNews.com.

"They must think that it is within standard care to throw a kidney away," Arnold said. "It would be more decent to admit substandard care, and the family shouldn't have to be going through litigation to prove it. It's obvious to everyone but the university -- in all fairness."

The hospital is also challenging claims by the family to recover damages for pain and suffering, according to the Ohio Attorney General's Office, which is defending the medical center because it is a public university.
"The state felt [the family's claim] did not have basis, essentially, under Ohio law," said AG spokeswoman Kate Hanson.

Under current law, an adult child can recover for loss for a parent, but not the other way around, according to Arnold.
"It hardly makes sense," he said.

Last August, Fudacz, 24 at the time and with end-state renal failure, was under anesthesia and ready to receive a perfect-match kidney donated by her 17-year-old brother, Paul Fudacz, Jr. But the transplant operation was stopped when nurse accidently threw away the donor organ, which was stored in a protective slush, according to legal papers.

Doctors tried to resuscitate the kidney, but it was rendered unusable, both sides have said. After a state investigation, the hospital's live-donor program was temporarily suspended, but has since been resumed.
In the months between her failed surgery and the one in Denver, Sarah "suffered through painful dialysis, four painful surgeries ... and was forced to live through the uncertainty of whether she would ever find a kidney suitable for transplant before dying," the family has alleged in its lawsuit.

After the botched transplant, Dr. Jeffery P. Gold, the university chancellor and dean of the College of Medicine, said in a prepared statement to ABCNews.com, "We cannot fathom the disappointment that those impacted have experienced over the course of the last week. The university cannot begin to express the sorrow that we feel that this unfortunate incident occurred. We apologize sincerely."

http://gma.yahoo.com/toledo-hospital-threw-donor-kidney-now-denies-negligence-224709980--abc-news-health.html

DamianTV
08-30-2013, 12:28 AM
Welcome to the world of Death By Doctor. No Malpractice. Cant sue Big Pharma. Now go take your pills or we will throw your children in jail.