Kidney donor dies due to surgical error

By Greg Kohn

Advances in modern medicine and surgical techniques have enabled doctors to treat various life-threatening health conditions and diseases, as well as perform incredible tissue and organ transplants that can prolong the life of patients. Despite all the advances, medical and surgical errors still occur during treatment or surgical procedures putting the very patients under their care at risk.

New Jersey residents may have heard the tragic story of a New York mother of three young girls who tragically died recently while in the operating room of a hospital. Tragically, the transplant surgeon accidentally severed her aorta during an organ harvesting procedure. The woman was trying to donate a kidney to her brother who was waiting for the kidney in the other room. The hospital where this tragic incident occurred is known for its live-donor kidney transplant program. Due to the tragic circumstances of this case, the hospital shut down its transplant program and expedited a settlement wherein the family of woman is to receive millions of dollars in compensation.

Hospitals, doctors, medical staff and surgeons have an ongoing duty to provide a reasonable standard of care. A negligent doctor or surgeon can be held liable for the harm caused to a patient because of a mistake made during a medical procedure.

If a medical facility or its treating staff is shown to be negligent, a patient or the family of a patient may be able to recover damages such as future medical expenses, lost wages, loss of consortium, loss of earning capacity and more.

No amount of compensation can replace a lost life, but in the tragic case above, due to the loss of their mother and loss of parental guidance, her three young girls reportedly will receive a multimillion dollar settlement in order to secure their futures. Further, the brother of the woman, who was to receive the kidney and now is back on the recipient list, will receive a six figure settlement. Contact our law firm today!

Source: New York Daily News, “Hosp pays in kidney tragedy,” Heidi Evans, Sept. 25, 2012

About the Author
Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.  He has extensive experience representing clients in both state and federal court. Greg has tried many jury trials to verdict and has recovered over $50 million in settlements and verdicts in all types of personal injury matters including automobile accidents, wrongful death cases, slip and falls, and other catastrophic injury cases. Greg also handles medical malpractice cases, involving misdiagnoses, wrongful birth, and delayed cancer diagnosis. If you have questions regarding this article, you can contact Greg here.