Anthony Thomas “TJ” Hoover II of Kentucky was rushed to the hospital in October 2021 because of a drug overdose. He was pronounced dead at the hospital. Mr. Hoover was a registered organ donor, so hospital staff wheeled him into the operating room. However, the staff in the operating room quickly realized that Mr. Hoover may in fact have been alive. Mr. Hoover was moving around, thrashing about the bed, and crying. He had to be sedated.
Mr. Hoover’s condition alarmed the medical staff in the room. Both the doctors and the nurses refused to proceed with the organ extraction. One of the nurses allegedly overheard the case coordinator at the hospital call Kentucky Organ Donor Affiliates (KODA). The KODA supervisor allegedly told the coordinator to “find another doctor to do it” and that “we were going to do this case.” The hospital coordinator was notably crying because she was being yelled at.
Mr. Hoover’s organ retrieval was canceled. Several of the workers involved with the incident quit in response. KODA denies that anyone was pressured to take the organs and that KODA does not recover organs from living patients. Mr. Hoover reportedly has issues remembering, walking, and talking after the incident.
Unlicensed Practice of Medicine
It is unknown whether the KODA supervisor was a licensed medical professional. If not, the supervisor had no business allegedly directing the hospital to “find another doctor” or to continue with the procedure. Although KODA denies that anyone was pressured to take the organs, it is still concerning that they were even consulted about how to proceed during a medical procedure.
A doctor is a trained and licensed professional who is responsible for their own professional judgment. That judgment should be exercised independent of an outside third-party like KODA, which clearly may have interests and biases that run contrary to a patient’s best interests. The fact that they may have any influence over what goes on in an operating room raises questions about bias and judgment on the part of the hospital involved.
Misdiagnosis
The doctors who refused to continue with the procedure when they determined Mr. Hoover was still alive performed their jobs amicably. Doctors who perform unnecessary procedures on patients may be liable for malpractice. However, it is perplexing that Mr. Hoover was ever considered dead such that he was being prepared for organ “retrieval.” A reasonable person would probably have figured out that Mr. Hoover was still alive when he had to be sedated because he was reportedly moving too much. Surely, trained hospital staff could have figured out that Mr. Hoover was still alive before he was wheeled into the organ retrieval room given this context.
Misdiagnosis, an incorrect diagnosis of a medical issue or status, may still open the door to medical malpractice, especially if Mr. Hoover has difficulty remembering, walking, or talking because of his ordeal. The hospital may point to his pre-existing drug overdose, but the misdiagnosis may still lead to exposure depending on Kentucky state law.
Attempted Murder?
The state of Kentucky is conducting its own investigation into the incident. The doctors presumably could have made a mistake when they initially thought Mr. Hoover was dead and they prepped him for organ retrieval. However, the KODA supervisor’s statements sound like they were made in full awareness that the doctors believed Mr. Hoover was still alive. If the KODA supervisor intended for Mr. Hoover to have his organs harvested knowing that he was still alive, then the KODA supervisor was knowingly advocating for his death. The state of Kentucky is rightfully involved to determine if there was a murder attempt on Mr. Hoover’s life.
Do I Need the Help of a Personal Injury Attorney?
If you have sustained a personal injury through the unlawful act of another, then you should contact a personal injury attorney. A skilled personal injury lawyer near you can review the facts of your case, go over your rights and options, and represent you at hearings and in court.
