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After throwing away a perfect match donor kidney meant for its patient, Hospital argues it did not commit medical malpractice.

Posted on Sep 04, 2013

This may be hard to believe but an Ohio nurse threw away a perfect-match kidney that was supposed to be transplanted to a patient with end-stage renal failure. The doctors had to stop during the transplant operation when they realized that the kidney, which was donated by the patient’s 17-year-old brother, had been accidentally thrown away by a nurse. 

Even though a replacement kidney was found months later, 24-year-old Sarah Fudacz “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.”

Sadly, the story doesn’t end here. Now, the hospital denies it was medically negligent. They refuse to admit that they performed substandard care and asked a state court to dismiss the lawsuit filed by the Fudacz family. The hospital does not believe they did anything wrong even though they admit that they a perfect-match kidney meant for this young patient. 

Maybe the nurse that threw away the kidney just had a 24-hour shift and was just extremely tired and misread the label. Maybe there is a flaw in the system that was supposed to deliver the donated kidney to the transplant operation. Whatever the reason, the hospital did not have a system to catch the mistake, such as requiring two nurses to check the kidney before it was thrown away, or not allowing surgery to start until the match kidney was accounted for.  How does the hospital say it wasn’t negligent?  The hospital should be held responsible for its actions so that it institutes a system that prevents this from happening again.

We share articles like this with you to show that these types of medical errors still happen. So patients should be on their guard at all times. Even the slightest suspicion should not be ignored. If your instincts tell you that something isn’t right and you believe that standard patient care wasn’t followed, you should take action. Call us today at (202)393-3320 to get more information on what you can do about your specific case.

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