Damages recovered for a client after a hospital caused negligent damage to a transplanted kidney when conducting a biopsy

GAD Legal Solicitors recover damages for injuries arising as a result of a hospital causing negligent damage to a transplanted kidney when conducting a biopsy resulting in haemorrhage and the requirement for further surgery.

Facts of the case

Our client was a double transplant patient, having had liver and kidney transplants prior to the alleged negligence. Our client’s kidney was placed inside the peritoneum during her kidney transplant procedure.

A year on from the kidney transplant procedure, our client was admitted to the Royal Liverpool A&E with increased creatinine levels. Following a number of investigations, our client was advised that she required an ultrasound guided kidney biopsy and was later subject to the same.

Shortly after the biopsy, she developed an unstable condition and a portable ultrasound scan revealed a peri-nephric haematoma. She was then subject to an emergency laparotomy to control the intra peritoneal haemorrhage. There was 3L of blood in the peritoneal cavity and it was noted that the bleeding came from the omentum overlying the kidney.  Following the surgery she required admission to the Intensive Care Unit.

Case Progression

A letter of complaint was sent to the hospital in accordance with the NHS complaints procedure and prior to any evidence being obtained. The Hospital Trust investigated but provided reassurance that there had been no inadequate care and the outcome would not have been any different if the procedure had been conducted by a different radiologist.

Following our instruction, we obtained independent evidence in respect of liability (breach of duty and causation) from a Consultant Transplant Surgeon. The expert reported that there was failure to establish that our client’s kidney was inside her peritoneum prior to conducting the biopsy and had this been done, as any reasonable clinician would have done, the haematoma and subsequent emergency surgery would have been avoided.

Additional expert evidence was obtained from a Consultant Plastic Surgeon and a Consultant Psychologist to fully explore and understand the consequences of the negligent treatment both in the short term and long-term.

A Letter of Claim was sent to the Defendant based upon the expert evidence.

Allegations