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Ohio law limits botched kidney transplant damages

TOLEDO, Ohio (AP) — A family involved in a botched kidney transplant in Ohio will be limited under state law as to what damages they could potentially collect.

The Blade newspaper reports (http://bit.ly/14nsn0y ) that a 1987 law caps noneconomic damages for pain, suffering, and emotional distress at $250,000 per person.

Last year, a nurse accidentally threw out a viable kidney at the University of Toledo Medical Center, and doctors tried unsuccessfully to resuscitate the organ.

A lawsuit filed earlier this week against the hospital includes claims of alleged medical negligence. It seeks economic damages in excess of $25,000 for each of the eight plaintiffs.

The family is also suing for unspecified noneconomic damages, which would be capped.

If the hospital were private, the family could have potentially sued for as much as $1 million.

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