So here’s a bit more on the story of the hospital personnel throwing
away a viable kidney. The incident took place at the University of Toledo
Medical Center in Ohio. The hospital’s investigation concluded that
it was indeed “human error” that led to the mistake. The kidney
was donated by a brother to his sister.
The family can sue for negligence, but because the University of Toledo
Medical Center is a state institution, the case would not be a jury trial
but would be heard by an appointed judge in the Court of Claims of Ohio.
In addition, no individuals could be targeted for blame because state
employees, which the hospital personnel are, have civil immunity. The
case could also be subject to caps, including a cap on noneconomic loss
There may be a slight bit of wiggle room, as the hospital was not a state
entity before it merged with the university in 2006. A claims judge could
possibly declare that the hospital does not have state immunity.
For more on this story, see