When one seeks the assistance of a medical provider for a problem he or she is putting trust in the doctors, nurses and facilities that necessary steps will be taken to take care of the person. When one is injured as a result of a mistake made by any of the individuals or entities, the injured person or their loved ones may be eligible for financial compensation.

Two Pennsylvania residents have filed medical malpractice lawsuits citing negligence against four doctors, a nurse, University of Pittsburgh Physicians, UPMC Presbyterian and the staff of the kidney transplant center at the hospital after a kidney transplant operation involving a kidney from a live donor infected with hepatitis C. The kidney that was implanted in the 50-year-old man was donated by his 40-year-old girlfriend and mother of his 18-year-old son. The man now reportedly has the liver disease that can be fatal.

Specifically, the lawsuits filed in Allegheny County allege the woman's blood was screened January 26 and that the screening indicated she did in fact have hepatitis C. Rather than excluding her as donor and informing her of the result however, a transplant surgeon from UPMC made a note indicating the woman was "an excellent candidate."

Before a transplant is completed from a live donor, typically, in to addition several rare diseases the donor is screened for infections such as syphilis, HIV and hepatitis. However, the screens performed are not standardized and vary from facility to facility.

After the successful operations, another test conducted on the woman on April 22 again indicated the woman was in fact infected with hepatitis C. Reportedly the hospital again did not inform her of the results. She learned of the infection May 6, when the doctors reportedly accused her of cocaine use and cheating on her boyfriend. The lawsuit also alleges the doctors sought to keep the hepatitis C infection from the recipient of the kidney.

The hospital denies that it tried to keep the diagnosis a secret. It said a nurse was suspended and surgeon demoted after the infection was discovered. In addition, the kidney and liver transplant centers were closed for two months following the discovery.

We will continue to monitor this case and post updates as they become available.

Source: msnbc.com, "Couple sues hospital after he gets her infected kidney," JoNel Aleccia, Sept. 21, 2001