Case Study: Medical Negligence Prolongs Kidney Stone Agony

Delayed Follow-up Appointment

Instead of the intended 4 weeks after the initial procedure, the appointment was scheduled for 5 months later.

A month prior to the planned date, Mr Mikombe was admitted to Accident & Emergency with severe pain. He had been suffering renal and bladder pain, along with strangury – a condition that obstructs the bladder and causes acute pain and frequent desire to urinate. 

These symptoms were all related to the stent, meaning that he needed it removing quickly..

Two weeks after, he was admitted to hospital once again, but this time with further abdominal pains and urosepsis. Urosepsis is a life-threatening condition in the urinary tract, and whilst severe sepsis has a reported mortality rate of 20% to 42%, urosepsis is associated with higher mortality rates. Mr Mikombe was worried, but it was soon revealed he had an inflamed kidney, which was the result of a retained stone. He required another surgery to rectify the retained stone, and after that, Mr Mikombe went on to make a full recovery.

Allegations and Causation

Our Medical Negligence Solicitors took on Mr Mikombe's case and we immediately sent a Letter of Claim to the Hospital Trust responsible for his treatment. A Letter of Claim is the letter before action to the opposing side, which details all issues prior to any court proceedings.

The allegations of negligence made against Manchester University Hospitals Foundation Trust included:

• Failure to arrange a follow up appointment within 4 weeks of the initial procedure as planned
• Providing an inadequate appointment 5 months from the date of the initial procedure.

It was argued that the failure to review Mr Mikombe's surgery within the expected time caused the stent to be retained within the body for longer than necessary; which in turn led to:

• Stent encrustation resulting in hydronephrosis, which required emergency drainage and a second stent insertion to rectify.
• Further emergency admissions to hospital and endoscopic combined surgery

Successful Compensation Settlement

The Hospital Trust responded to the Letter of Claim admitting their negligence in failing to arrange the follow up review within the intended timeframe. They denied that this had caused the eventual need for surgery, claiming that renal obstruction and urosepsis would have developed anyway, requiring emergency treatment.

An offer of £1,000 was initially made to settle the claim.

Mr Mikombe was advised by our medical negligence team to reject such a low settlement and having done so, a second offer of £4,000 was made. Once again, this was rejected, and we began further negotiations between our Medical Negligence Solicitors and the representatives of the Hospital Trust. The result for our client meant that we were able to settle the case for £6,750, which was over six times the initial offer, and a great result for Mr Mikombe.

He was able to make a full recovery, and received a settlement for all the inconvenience that he went through due to the negligence.

Mr Mikombe said, "I would like to thank Simpson Millar for both the result and the service I received. It has been very much appreciated. If I require the services of a Solicitor for any reason in the future, I shall use Simspon Millar again."

What is Medical Negligence?

Medical negligence occurs when doctors, nurses or other healthcare professionals fail in their duty of care to you. They can make serious mistakes that harm you or cause an existing condition to worsen, and if they do, you can make a claim for all the loss you have incurred or suffered. 

For medical negligence to be proven, it must be shown ‘on the balance of probability’ that the standard of care you received was substandard n, and it  has caused your ongoing illness or injury.

The different types of Medical Negligence

• Injuries caused during surgery
• Delayed or incorrect diagnosis of a medical condition
• Pre-Operative assessments that are not followed up
• A healthcare provider giving you incorrect prescription
• Failure to warn you about the risks of treatment or alternative treatments
• Not getting your informed consent before carrying out a treatment

How Simpson Millar Can Help you with Medical Negligence Claims

Medical Negligence can affect anyone, and in fact, in 2020 until 2021, there were 12,629 clinical negligence claims made against the NHS, a 133% increase from the year of 2006. According to the NHS statistics, claim payments for the year of 2021 hit a total of £2 billion, meaning that Medical Negligence is an increasingly growing issue. 

If you’ve been affected by clinical or medical negligence, you could claim compensation. Our specialist Medical Negligence Solicitors can offer you a Free Claims Assessment and help guide you through the process of making a claim.

We’ve recovered hundreds of millions of pounds in compensation for people who have suffered because of medical negligence. We’ve also helped them access the specialist care, treatment and rehabilitation they need to start to rebuild their lives.

We understand that taking legal action can be daunting, but we pride ourselves on our friendly and supportive approach. When you come to us, you can expect a personal service tailored to you and your needs.

At Simpson Millar we can offer a No Win No Fee agreement when you make a medical negligence claim. Contact us today and let’s discuss your claim in a clear, open manner. Call us on 0808 239 6043 and let us help you.