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The University of Toledo Medical Center admits a nurse threw away a brother's kidney 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."
But Dr. Jeffrey Gold, chancellor and executive vice president for health affairs at University of Toledo Medical Center, said in a prepared statement today that the hospital is "sympathetic and sorry" about the accident.
"The university continues to express the sorrow that we feel that this unfortunate incident occurred. We apologize sincerely. We have done our best to provide many remedies to help those affected move forward."
Read more.
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."
But Dr. Jeffrey Gold, chancellor and executive vice president for health affairs at University of Toledo Medical Center, said in a prepared statement today that the hospital is "sympathetic and sorry" about the accident.
"The university continues to express the sorrow that we feel that this unfortunate incident occurred. We apologize sincerely. We have done our best to provide many remedies to help those affected move forward."
Read more.