In California, Kaiser Permanente Says They Knew Dead Patients Names Were On Kidney Donor List
Kaiser Permanent officials say they knew that the names of dead patients had been left on a nationwide kidney donor list by their San Francisco transplant program. Officials are blaming a data-processing backlog for the error. The nationwide list determines which patient is eligible to receive the next kidney that is available for transplant and is maintained by the United Network for Organ Sharing.
Earlier this year, Kaiser announced that it was closing the San Francisco facility, which it had opened in 2004. In addition to keeping the names of the deceased patients on the recipient list, the facility is accused of delaying critical operations and losing track of patients. The San Francisco program was shut down last May, and 2300 transplant patients are in the process of being transferred to other hospitals.
California is asking Kaiser Permanente to pay $3 million to Donate Life California and $2 million to the California Department of Managed Health Care.
Organ donation is an estate planning matter. Each day, about 74 people receive organ transplants. However, 19 people die each day waiting for transplants that can’t take place because of the shortage of donated organs.
In 2004:
· Nearly 27,000 people received organ transplants.
· There were more than 20,000 transplant operations that took place which utilized more than 7,000 deceased donors.
Facts About Organ Donation:
· Families of donors don't have to pay for removing their loved ones’ organs.
· At least 42 states and the District of Columbia have "required request" laws. That means hospitals must have policies and procedures to tell families about organ donation.
· All hospitals must have policies and procedures that identify potential donors. Hospitals with Medicare and Medicaid programs must also notify an organ procurement organization (OPO) of potential donors.
· An OPO is a member in the United Network for Organ Sharing (UNOS). UNOS maintains computerized data on potential recipients and donors. It has statistics on waiting times and transplant results. Patients can use it to compare hospitals in their area.
· The family of a possible donor makes the final decision. If they haven't been asked to donate and they'd like to, they should ask the doctor or nurse. If the family decides not to donate, the organs won't be removed.
· Most donors give multiple organs. For example, the heart, liver, kidneys, pancreas and lungs might be taken from one donor. The hospital staff person in charge of identifying donors will find out if the organs are suitable for transplant. Then this person works with the OPO representative to coordinate the distribution of organs.
If you would like to consult with an estate planning attorney regarding organ donation, Sagaria Law P.C. can help you. We have offices in San Jose, Monterey, and Fremont, and we work with clients in Santa Clara County, Monterey County, and Alameda County. Contact Sagaria Law, P.C. for a free consultation.
Kaiser Left Dead Patients' Names on National Kidney Transplant List, LA Times.com, October 11, 2006
Kaiser Permanente Fined $5M For Poor Management Of Kidney Transplant Program, Medical News Today.com, October 15, 2006
Organ Donation, Americanheart.org
New High Set For Organ Transplants, U.S. Department of Health and Human Services, March 29, 2005
Donate Life, Organdonor.gov
Related Web Resources:
National Kidney Foundation, Kidney.org
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