Toledo Hospital Asks Court to Dismiss Lawsuit

The University of Toledo Medical Center admits to dire negligence on their part after a staff nurse threw away a teen's kidney before it could be transplanted into his sister in 2012, according to ABC News.

However, the hospital is asking a state court to dismiss the lawsuit filed by the family.

UTMC was able to eventually arrange another kidney for patient Sarah A. Fudacz. She had a successful transplant operation in Denver last November.

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," the Fudacz's family lawyer, James E. Arnold to"ld the ABC News.

"They must think that it is within standard care to throw a kidney away. 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," Arnold further stated.

UTMC is challenging claims by the Fudacz family to recover pain and suffering damages, according to Ohio Attorney General's Office, the medical center's defendant.

"The state felt the family's claim did not have basis, essentially, under Ohio law," said AG spokeswoman Kate Hanson.

Arnold clarified that under the current law, an adult child can recover for loss for a parent but not the other way around.