Dr Bailey (named changed to protect confidentiality)
Associate Solicitor Guy Pomphrey secured £50,000 compensation for an Accident and Emergency doctor injured as a result of a surgical error at Hospital.
Dr Bailey suffered from discomfort in his lower abdomen and groin. He was referred to his local Hospital by his General Practitioner and scans were performed. A CT scan was incorrectly interpreted by the radiographer as showing a simple large renal cyst.
The suspected renal cyst grew in size over the next few months and was becoming increasingly painful and uncomfortable for Dr Bailey. A plan was therefore formulated to treat this by dividing the suspected cyst by laparoscopic (key-hole) surgery in 2014.
During the key-hole surgery the surgeon accidentally cut through an artery. Dr Bailey lost 3 litres of blood, required a blood transfusion and was admitted to intensive care.
Dr Bailey’s condition then deteriorated further and he complained of very severe pain in his abdomen. He was reassured but because his condition worsened a review of his original radiology imaging scans was undertaken by other doctors at the Hospital.
It was discovered that the first CT scan was wrongly interpreted. It did not, in fact, show a simple renal cyst, but a renal cyst that was connected to Dr Bailey’s kidneys. Because the renal cyst had been divided during the surgery Dr Bailey’s kidneys had been leaking urine directly into his abdomen which had caused severe peritonitis.
Dr Bailey required surgery to remove 70 mls of urine from his abdomen. The damage to his renal artery, although repaired, had caused permanent damage to his kidneys.
Our team of expert lawyers were instructed to investigate. We instructed experts in radiology and urology and they were both clear that Dr Bailey’s surgical injury was caused by sub-standard medical care in assessing his radiology scans.
A Letter of Claim was served on the Defendant Hospital Trust setting this out and alleging that the injury to Dr Bailey’s renal artery would have been avoided with appropriate treatment because open surgery rather than key-hole surgery would have been arranged if the renal cyst connected to the kidneys had been properly identified.
It was also alleged that Dr Bailey’s severe peritonitis would have been avoided, completely, if the renal cyst had been properly identified as connected to the kidneys.
NHS Resolution, on behalf of the Defendant Hospital Trust, conceded liability for the surgical error injury Dr Bailey sustained. We obtained a report from a nephrology (kidney) expert about Dr Bailey’s kidney function and his condition and prognosis which, we were pleased to see, was reassuring in both the short and long term.
Settlement negotiations then took place and a figure of £50,000 was agreed to compensate Dr Bailey for his sub-standard treatment and injury to his kidney. It was important to Dr Bailey that the NHS was held to account for the poor care they provided to him and he was very grateful for our assistance in pursuing the claim.
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