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
- There was a failure to identify the exact location of the kidney prior to conducting the biopsy.
- The biopsy was conducted without first establishing that the kidney was intraperitoneal.
- The nurse conducting the biopsy failed to notice the absence of the position of the conventional transplant wound signifying the usual extra peritoneal approach.
- There was a failure to consult a more experienced clinician in renal transplant biopsy before commencing the biopsy.
- There was a failure to perform a ‘scout’ scan with a colour Doppler in order to map out a safer approach for the biopsy needle.
- There was a failure to allow a more experienced and qualified clinician to conduct the biopsy.
It was alleged that but for the hospitals failures our client would have made a complete recovery without requiring additional surgery and an extended hospitalisation. She would have remained an inpatient for the duration of her 3 day course of antirejection treatment but would have then been discharged home following the same.
Comments on the case
Richard Malloy, Head of Medical Negligence at Gregory Abrams Davidson commented that “we were delighted to be able to achieve such a positive outcome for our client. It was disappointing that when the Hospital investigated the incident themselves at the very outset, they were unable to identify any errors on their part which led to our client’s injury. Consequently it would have been impossible for them to learn from this incident and take steps to avoid similar incidents occurring again to other patients. It was not until we obtained independent expert evidence and put formal allegations to the Hospital Trust that they admitted liability and conceded that our client had been unnecessarily injured as a consequence of an entirely avoidable failure in her care”.
Gregory Abrams Davidson Solicitors deal with claims for compensation against hospitals (both NHS and Private), dentists, general practitioners, pharmacists and opticians. We have offices in Liverpool City Centre, Allerton and Golders Green, London.We offer a free initial case assessment and No Win No Fee Funding is available. To enquire contact a member of our Medical Negligence new enquiries team on 0151 733 3353, email info@gadlegal.co.uk or complete our online contact form.
