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08-30-2013, 08:43 AM
http://gma.yahoo.com/toledo-hospital-threw-donor-kidney-now-denies-negligence-224709980--abc-news-health.html Toledo Hospital Threw Out Donor Kidney, Now Denies Negligence.............. <cite class="byline vcard" id="yui_3_9_1_19_1377869857147_159">By SUSAN DONALDSON JAMES | Good Morning America – <abbr title="2013-08-30T02:27:43Z">11 hours ago</abbr></cite>
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(http://gma.yahoo.com/photos/toledo-hospital-threw-donor-kidney-now-denies-negligence-photo-224712567--abc-news-health.html)Good Morning America - Toledo Hospital Threw Out Donor Kidney, Now Denies Negligence (ABC News)
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<meta content="2013-08-30T02:27:43Z" itemprop="datePublished"> <meta content="Good Morning America" itemprop="provider"> <meta content="Toledo Hospital Threw Out Donor Kidney, Now Denies Negligence" itemprop="headline"> <meta content="SUSAN DONALDSON JAMES" itemprop="author"> <meta content="Sarah Fudacz Doing Well After Brother's Organ Tossed in Trash" itemprop="description"> <meta content="http://media.zenfs.com/en_us/gma/us.abcnews.gma.com/HT_paul_fudacz_nt_130829_16x9_992.jpg" itemprop="image"> <!-- google_ad_section_start --> The University of Toledo Medical Center admits a nurse threw away a teen's kidney (http://abcnews.go.com/blogs/health/2012/08/25/kidney-for-ohio-transplant-thrown-in-trash/) before it could be transplanted into his sister last year, but nevertheless is asking a state court to dismiss a lawsuit filed by the family.
UTMC eventually was able to arrange another kidney for Sarah A. Fudacz, and she had a successful operation in Denver last November. But now, in court papers, the medical center denies it was medically negligent.
"They are admitting they threw the kidney away, but they are not admitting substandard medical care," Fudacz family lawyer James E. Arnold told ABCNews.com.
"They must think that it is within standard care to throw a kidney away," Arnold said. "It would be more decent to admit substandard care, and the family shouldn't have to be going through litigation to prove it. It's obvious to everyone but the university -- in all fairness."
The hospital is also challenging claims by the family to recover damages for pain and suffering, according to the Ohio Attorney General's Office, which is defending the medical center because it is a public university.
"The state felt [the family's claim] did not have basis, essentially, under Ohio law," said AG spokeswoman Kate Hanson.
Under current law, an adult child can recover for loss for a parent, but not the other way around, according to Arnold.
"It hardly makes sense," he said.
Last August, Fudacz, 24 at the time and with end-state renal failure, was under anesthesia and ready to receive a perfect-match kidney donated by her 17-year-old brother, Paul Fudacz, Jr. But the transplant operation was stopped when nurse accidently threw away the donor organ, which was stored in a protective slush, according to legal papers.. ----------------------------------------------------------------------- Imagine giving one of your kidneys to save your sister's life only to have it thrown away!!!! --Tyr
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(http://gma.yahoo.com/photos/toledo-hospital-threw-donor-kidney-now-denies-negligence-photo-224712567--abc-news-health.html)Good Morning America - Toledo Hospital Threw Out Donor Kidney, Now Denies Negligence (ABC News)
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<!-- START article --> <!-- yog-5u -->
<meta content="2013-08-30T02:27:43Z" itemprop="datePublished"> <meta content="Good Morning America" itemprop="provider"> <meta content="Toledo Hospital Threw Out Donor Kidney, Now Denies Negligence" itemprop="headline"> <meta content="SUSAN DONALDSON JAMES" itemprop="author"> <meta content="Sarah Fudacz Doing Well After Brother's Organ Tossed in Trash" itemprop="description"> <meta content="http://media.zenfs.com/en_us/gma/us.abcnews.gma.com/HT_paul_fudacz_nt_130829_16x9_992.jpg" itemprop="image"> <!-- google_ad_section_start --> The University of Toledo Medical Center admits a nurse threw away a teen's kidney (http://abcnews.go.com/blogs/health/2012/08/25/kidney-for-ohio-transplant-thrown-in-trash/) before it could be transplanted into his sister last year, but nevertheless is asking a state court to dismiss a lawsuit filed by the family.
UTMC eventually was able to arrange another kidney for Sarah A. Fudacz, and she had a successful operation in Denver last November. But now, in court papers, the medical center denies it was medically negligent.
"They are admitting they threw the kidney away, but they are not admitting substandard medical care," Fudacz family lawyer James E. Arnold told ABCNews.com.
"They must think that it is within standard care to throw a kidney away," Arnold said. "It would be more decent to admit substandard care, and the family shouldn't have to be going through litigation to prove it. It's obvious to everyone but the university -- in all fairness."
The hospital is also challenging claims by the family to recover damages for pain and suffering, according to the Ohio Attorney General's Office, which is defending the medical center because it is a public university.
"The state felt [the family's claim] did not have basis, essentially, under Ohio law," said AG spokeswoman Kate Hanson.
Under current law, an adult child can recover for loss for a parent, but not the other way around, according to Arnold.
"It hardly makes sense," he said.
Last August, Fudacz, 24 at the time and with end-state renal failure, was under anesthesia and ready to receive a perfect-match kidney donated by her 17-year-old brother, Paul Fudacz, Jr. But the transplant operation was stopped when nurse accidently threw away the donor organ, which was stored in a protective slush, according to legal papers.. ----------------------------------------------------------------------- Imagine giving one of your kidneys to save your sister's life only to have it thrown away!!!! --Tyr