When you donate a kidney to someone in need, you probably expect it to get to the correct patient with no hassles. Unfortunately, for an Ohio man, that was not the case.

The man, whose name the media has not yet disclosed, donated his kidney to his sister who had end-stage renal disease, CNN initially reported. The man had been a perfect match to his sister and had the operation to remove the kidney while his sister waited in another room.

A nurse who had been on her lunch break, however, came back to the operating room under the assumption that the kidney had already been transferred to the sister’s room—she then threw away what she thought was waste content, but was, in fact, the donated kidney. Doctors found the kidney, but at that point, they could no longer use it  because it was covered in medical waste. The family’s medical malpractice attorney is now fighting to receive monetary compensation for the medical bills and suffering the family has had since the botched transplant. Luckily, the family’s lawyer did not have to introduce a wrongful death case—the sister was able to have the surgery with another donated kidney two months later.

hospital-denies-responsibility-for-lost-kidney

How Common Is Medical Malpractice?

The hospital’s team of medical malpractice attorneys has claimed that while the nurse did throw the kidney away, they are not at fault for negligence. While this particular case is relatively unique, surgical errors do often occur in the medical field. Medical malpractice lawyers in Chicago and across the country see countless cases of medical negligence that can sometimes even lead to wrongful death. A Johns Hopkins University study reported that 4,000 medical malpractice cases that should “never happen” occur every year. Another report claims every year, medical malpractice claims could reach anywhere between 210,000 to 440,000 cases.

How To File Your Own Medical Malpractice Claim

When you are in the hands of doctors and nurses, you may not have much control over how they treat you or handle your surgery. However, you can take legal action if you have some sort of medical procedure that results in harm, especially if you now have medical bills because of it. Malman Law’s team of medical malpractice lawyers can fight for your case whether you’re in Chicago or anywhere else in the state. To begin your case, contact Malman Law today. For more information on medical malpractice, you can also read our download.

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