Each year, approximately 40,000 people in the United States undergo a major organ transplant. And, given medical advancements over the past few decades, many of these surgeries are successful—effectively extending the lives of patients by years or even decades. In fact, the two most common organ transplant surgeries—kidney and liver transplants—boast a one-year survival rate of 97 percent and 89 percent, respectively. However, recent reports of preventable deaths at a prominent organ transplant center have families concerned that their loved ones’ deaths could have been avoided.

Preventable deaths at organ transplant centers are a major cause for concern for patients about to undergo a transplant. However, these incidents also tend to amplify an already tragic situation from the perspective of families who lost loved ones as a result of what they believe to be a botched organ transplant surgery. As we’ve discussed in previous posts, grieving families are able to pursue medical malpractice claims against providers they believe to be negligent. These wrongful death medical malpractice lawsuits can not only connect families with much-needed compensation in the wake of the tragedy but also go a long way in holding the medical community accountable for preventable organ transplant deaths. Those interested in learning more about pursuing an organ transplant medical malpractice lawsuit should reach out to an experienced personal injury attorney as soon as possible.

Reports of Widespread Problems at Methodist University Hospital in Memphis May Be Linked to Preventable Organ Transplant Deaths

Recently, a report by ProPublica highlighted widespread deficiencies within the liver transplant program at Methodist University Hospital in Memphis. Evidently, the program, which is headed by renowned transplant surgeon Dr. James Eason, began experiencing a decline in patient outcomes several years back. In response, the federal contractor responsible for overseeing transplant centers initiated an audit of the facility.

The audit, which was performed by peers from other transplant centers, found that many patient deaths were preventable. While there were several issues cited in the report, two stand out as the most concerning. First, the report notes that understaffing issues contributed to negative patient outcomes and that, to rectify this cause, Methodist’s Transplant Institute must bring on additional staff members.

Second, the report states that there “needs to be a change in a culture which is driven largely by a perceived need to value transplant volume over quality which leads to negative patient outcomes. Specifically, the report goes on to explain this has led to multiple patients being selected for a transplant that were not good candidates for the procedure. This focus on volume resulted in other negative impacts within the facility. For example, the report notes that morale among junior staff members was low, in large part because they did not feel that they were empowered to speak up, especially as it related to expressing their opinions that a patient was not a good candidate for a transplant. This section of the report concludes by noting that “[t]he staff’s extremely dedicated but feel powerless to make a change due to resistance of leadership, lack of resources or an impression that “nothing changes or changes for a short period of time and then reverts.”

Families Express Concern Over Deficiencies at Methodist Hospitals Transplant Institute

Aside from the concerns noted in the report, families who lost loved ones during organ transplant procedures raised their own issues with the facility. For example, some families apparently expressed disappointment in the fact that Methodist staff did not provide them with details about what caused their loved one’s death. In one example, Methodist doctors allegedly failed to conduct sufficient testing to rule out the risk of heart or lung complications. When the patient underwent a liver transplant, he died of a heart attack. In another example, Methodist doctors allegedly failed to adequately vet a donor liver that was provided by another hospital. As it turns out, the donated liver showed early signs of cirrhosis, and the patient died about a month after the surgery.

When patients’ families signed documents waiving their right to privacy in hopes that Methodist would answer additional questions about their loved ones’ deaths, Methodist declined to answer.

Medical Malpractice Lawsuits Based on Negligent Organ Transplant Surgeries

Doctors, surgeons and all medical professionals owe their patients a duty of care to provide a certain level of medical care to their patients. The extent of this duty varies, depending on state law, the patient’s condition, the type of procedure being performed, and the geographical location where the treatment is rendered. However, as a general rule, medical professionals must provide treatment that is in line with the treatment other similarly situated professionals would have provided in the same situation. When a healthcare provider renders inadequate medical treatment, they may be liable to the patient.

In the context of an organ transplant surgery, there are many ways a healthcare provider might be negligent, including the following:

• Failure to ensure that the patient is a good candidate for the transplant;
• Failure to test the donor organ for serious diseases or other problems;
• Failure to make sure that the patient’s blood type is congruent with the donor organ;
• Failure to obtain informed consent to perform the transplant;
• Preventable surgical errors; and
• A compromised donor organ due to preventable delays.

Medical Malpractice Wrongful Death Cases

Many medical malpractice claims are brought by patients who are injured—but survive—inadequate medical treatment. However, each state has a wrongful death law that permits families of deceased patients to pursue a claim on their loved one’s behalf.

Because wrongful death laws are creatures of state law, the requirements to bring a wrongful death by medical malpractice claim vary by state. However, typically, these claims must either be brought by an immediate family member or the personal representative/executor of the deceased patient’s estate.

Families considering an organ transplant wrongful death claim should be sure to consult with a local personal injury lawyer to determine how long they have to file a claim.