In May 2021, our client visited her local hospital complaining of persistent right flank pain and a dull ache in her back. She was prescribed antibiotics for a suspected kidney infection (pyelonephritis) and referred for an ultrasound scan. The scan revealed a 9mm kidney stone, but this critical finding was overlooked. It was recorded in the radiology report but not acted upon, and neither the discharge summary nor our client’s medical records mentioned the kidney stone. Consequently, our client and her GP were unaware of its presence or the need for further treatment.

Over the following months, our client’s pain persisted, prompting a return to the hospital in January 2022 with worsening symptoms. A second ultrasound scan revealed multiple kidney stones, with the largest now measuring 15mm. By this stage, she was diagnosed with renal sepsis - a serious and life-threatening condition. In order to manage the infection, a nephrostomy was fitted to allow urine to drain from her kidney through a tube into a bag outside the body.

The nephrostomy treatment came with a number of complications for our client, including recurrent infections and issues with the drain falling out and leaking. When laser lithotripsy, a non-invasive procedure which uses shock waves to break up kidney stones, was attempted later in 2022, the procedure was unsuccessful, leaving our client with no alternative but to undergo a nephrectomy (kidney removal) in March 2023.

The client approached Switalskis with concerns about the care she received, particularly regarding the infections linked to the nephrostomy. Kimberley Bradfield, associate solicitor in our medical negligence team, carried out a thorough review of her medical records. Through this, Kimberley identified a critical error: the kidney stone first noted in May 2021 had been ignored, with no referral to the urology department or inclusion of this finding in the discharge summary.

Kimberley advised the client that failing to act on the initial diagnosis in May 2021 could constitute a breach of the duty of care. If we were to be successful in establishing this breach of duty, we may be able to prove that the nephrostomy, nephrectomy and all subsequent complications would have been avoided in their entirety. Therefore, the client could be entitled to compensation.

Expert opinions were obtained from a Consultant Physician and a Consultant Urological Surgeon. Both experts agreed that the 9mm kidney stone identified in May 2021 was too large to pass naturally. The failure to refer the client to urology or include the kidney stone in the discharge summary was deemed a clear breach of duty.

The medical experts further commented that had the client been referred to urology in 2021, the stone could have been broken down with laser lithotripsy, rendering her stone-free and avoiding the cascade of complications that followed. This included the renal sepsis, nephrostomy, and ultimately, the nephrectomy. As a result of the nephrectomy, the client is now at an increased risk of end-stage renal disease (ESRD).

The hospital admitted liability in their Letter of Response, acknowledging their failure to provide adequate care. An early settlement offer was made by the Defendant but lacked crucial details about the client’s prognosis. After further negotiation, the claim was successfully resolved, with the client receiving £70,000 in compensation for the pain, suffering, and losses caused by the negligence.

For our client, the settlement represented more than financial compensation – it was an opportunity to regain control of her life. The funds allowed her to treat her family, who had spent so many years caring for her whilst she was unwell and to access the psychiatric treatment that was recommended by a Consultant Psychiatrist to help rebuild her confidence and adapt to life with one kidney. Our client now has the peace of mind of knowing that if she were to develop ESRD and require dialysis in the future, she has the financial security to allow her to focus on her health.

Importantly, as well as securing a financial settlement for the client, the case brought the  failings to the Trust’s attention, prompting the Trust to review their protocols for managing and communicating critical diagnoses. It is hoped that these changes will ensure no other patients endure a similar ordeal.

At Switalskis, we are committed to holding healthcare providers accountable and securing our client’s the compensation they deserve. If you or a loved one have experienced medical negligence, our expert solicitors are here to help.

If you have suffered an injury as a result of urology surgery and feel that mistakes were made during your treatment, you may be able to make a surgery negligence claim.

How Switalskis can help you

At Switalskis, we are committed to supporting individuals and families affected by substandard medical care. If you or a loved one has experienced something similar, we are here to help. Contact us today to discuss your case and how we can assist you on your journey to justice.

Call us on 0800 1380 458 or email help@switalskis.com