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Botched transplant results in lawsuit for hospital negligence

A hospital has an obligation to use a reasonable degree of care in any and all activities that may affect the health and wellbeing of patients. If a hospital or hospital staff fails to use a reasonable degree of care, the hospital may be liable for medical malpractice. Maryland readers may be interested to read about a recent case in which failures in supervision resulted in a nurse throwing out a recently donated transplant organ.

One family from Ohio is suing a local medical facility for hospital negligence following a failed transplant. According to reports, the hospital botched a kidney transplant when one of the nurses on staff reportedly threw out a kidney a man had just donated for his sister instead of prepping it for the transplant. Reportedly, the family first knew something was wrong when the surgery ended so quickly. Instead, the woman awoke without having actually undergone an operation only to see the contaminated and unusable kidney in an incubator-like box.

Although the woman did receive a transplant later on at a different hospital, the failure required additional medical care including dialysis and further surgeries in addition to the emotional toll experienced from the uncertainly over whether another donor would be found. As a result of the incident, the family is now suing for hospital negligence.

According to a report in the Toledo Blade, the brother was excited to have the opportunity to give the kidney to his sister but was furious when he found out what happened. The man said he felt disrespected after he found out that he had undergone a very serious surgery for nothing.

While every hospital worker in Maryland has a responsibility to patient health, administrative failures in supervision to often result in unnecessary and preventable patient harm. If someone is injured in a medical mishap due to failures in supervision or hospital negligence they may have a medical malpractice claim. In such cases the injured party may be entitled to damages including medical costs, lost wages and pain and suffering.

Source: ABC News, "Ohio family speaks out about botched transplant," Aug. 31, 2013

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