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Judge says nurse fired over kidney trashed before transplant can sue for libel but not job loss

Posted Jan 29, 2014 3:25 PM CDT
By Martha Neil

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An Ohio circulating nurse fired after another nurse discarded a kidney intended for transplant, thinking it was medical waste, can pursue a libel lawsuit against her former employer.

But Melanie Lemay can't bring a wrongful termination claim against the University of Toledo Medical Center in the Court of Claims in Columbus, Judge Dale Crawford ruled, because she was a member of a union for nurses. That means she should have pursued her case that the hospital didn't follow required policies when terminating her in common pleas court, according to the Associated Press and the Toledo Blade.

In the continuing portion of her case, Lemay contends the hospital released information pointing the finger at her in order to deflect attention's from the institution's role in the medical mistake.

Her lawyer, Vesper Williams II, and a hospital spokeswoman declined to comment when contacted by the newspaper about the ruling.

See also:

ABAJournal.com: "Family sues medical center, says kidney removed from sibling was trashed before planned transplant"

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