More kidney failures
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 of $250,000.
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 this article.