Kidney mistake could lead to lawsuits, attorney says
The mistaken discarding of a donor kidney at the University of Toledo Medical Center in Ohio could lead to lawsuits but definitely should prompt the hospital to reassess the procedures that led to the mistake, says Karl J. Protil Jr., JD, equity shareholder with the law firm of Shulman Rogers Gandal Pordy Ecker in Potomac, MD.
"They happen because the risk manager or someone else doesn't step in and stop these things from happening over and over again," Protil says. "They just become so commonplace that people mentally check the boxes and blow right by what should be a carefully considered safety step."
Protil wonders if the intended recipient will sue the hospital for losing the opportunity of a kidney transplant. "Kidneys aren't readily available. This patient now has lost the opportunity to have a kidney transplant, at least the best possible transplant option from a sibling," he says. "I don't think it's a stretch to see the patient suing the hospital and saying there was this once-in-a-lifetime opportunity for this optimal transplant, and you literally threw it away. I think the hospital can be liable for all the damages that flow from this."
The hospital also could lose significant revenue if publicity surrounding the case results in people deciding to have transplants elsewhere, Protil says. For that reason, he would advise the hospital to settle quickly and bring an end to the news coverage as soon as possible.
Protil recalls working with a hospital client that faced similarly bad publicity from an adverse event. The state's malpractice cap was $2 million, so the hospital quickly made an offer of $1.8 million to the patient.
"You tell the patient that you don't have to hire an attorney and pay an attorney's fee, and we also get a little break on the potential maximum payout," Protil says. "For some hospitals, it's the smarter thing to do. It takes care of the problem, it acknowledges the fact that you've made an egregious mistake, and you move on."
The mistaken discarding of a donor kidney at the University of Toledo Medical Center in Ohio could lead to lawsuits but definitely should prompt the hospital to reassess the procedures that led to the mistake, says Karl J. Protil Jr., JD, equity shareholder with the law firm of Shulman Rogers Gandal Pordy Ecker in Potomac, MD.You have reached your article limit for the month. Subscribe now to access this article plus other member-only content.
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