Caroselli, Beachler & Coleman, L.L.C.

Family of 8 sues hospital after failed kidney transplant

Pennsylvania transplant patients may have noted a dispute between the University of Toledo Medical Center in Ohio and a family who claims that the facility bungled a kidney transplant. The medical facility has asked that the case be dismissed, but medical malpractice attorneys disagree with their request.

The medical facility claimed that a nurse accidentally disposed of a kidney ready for transplant for a 24-year-old woman. Her younger brother had given the kidney to his sister, who was suffering from kidney failure. She later went to Colorado for a kidney transplant. The family claimed that the Ohio medical facility was negligent and caused physical and emotional distress to the patients and their parents. The woman woke up in recovery and knew that she hadn't received the transplant, so she thought that her brother had died during his operation. The parents were concerned about both of their children, and they, along with their four other children, suffered the loss of their comfort and companionship due to the supposed negligence.

The hospital requested that the case be dismissed and denied all charges. They insisted that Ohio law doesn't allow for family members of an adult to seek compensation for these types of losses. A family attorney countered that adults can ask for compensation for losses involving parents, so parents should be able to seek compensation for losses involving children. Eight family members are involved and are suing for a minimum of $25,000 each. The hospital expressed their regret for the mistake but did not comment further on the lawsuit.

When someone suffers after a serious medical error, they could choose to hold the responsible parties accountable for their mistakes. A medical malpractice attorney might be able to file a lawsuit on the behalf of clients and pursue financial compensation.

Source: Yahoo News, "Ohio hospital denies negligence in transplant case", August 29, 2013

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