A law suit has been filed by a woman against the University of Toledo, Medical Center, in Ohio for having allegedly, wrongfully discarded her brother’s donated kidney after it was removed.  While the hospital allegedly made attempts to reasonably accommodate the patient and her family by helping her find another donor and providing her with transportation expenses to another medical facility,  suit was brought for additional damages; such as various claims of consortium losses.

While the surgeon who performed the initial aspect of the transplant procedure still continues to operate at the University of Toledo Medical Center, two of the nurses were allegedly forced to retire and were terminated.  The hospital’s surgical administrator was also placed on administrative leave.  Another nurse, who had discarded the contents of the “slush machine” including the kidney, resigned.

Apparently, there was a shift change during a lunch break between members of the surgical team nurse(s) may have neglected or failed to properly inform the change of staff upon her return.  (One of the nurses has filed suit, claiming wrongful discharge and defamation.)

In Florida, a medical malpractice lawsuit regarding similar facts would have to be brought within two (2) years of the date of the incident; after having placed all prospective defendants on notice of intent to initiate medical malpractice litigation.  Upon receipt of such notice each prospective defendant would have 90 days in order to conduct informal discovery and investigation of the facts and circumstances alleged in the notice.  During that time the parties could request unsworn statements, as well as production of documents, and physical and mental examinations of the claimants.  At the conclusion of such investigation, the prospective defendant(s) would have the option of either denying the claim, admitting liability but agreeing to arbitrate damages or making an offer for settlement.

For further information regarding this tragic matter, please feel free to contact the Medical Malpractice Lawyers at the Schulman Law Group at 954-349-3300, 1-877-529-0444 or at info@www.schulaw.com