Case Study - Mr M

Posted by Gemma Osgood on

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Mr M had a right renal pelvic tumour, and had to undergo a complete nephroureterectomy (removal of his kidney and ureter). The surgery was performed on a private basis but unfortunately 5cms of ureter was left in situ by the private consultant. 

Following the surgery Mr M was not told that any ureter had been left in place and did not become aware of this until six months after the surgery.  It was not clear from the Defendant whether he had intentionally left in the 5cm of ureter and simply failed to tell Mr M or note it on his records, or whether he did not realise that 5cm had been retained. 

Bladder tumours were identified and further surgeries were required, which unfortunately included the removal of Mr M's entire bladder.  Transitional cell carcinoma was identified and formed part of our claim for negligence, as it was the view of our expert that this would not have happened had the entire ureter been removed as originally planned.  M's mental and physical health and quality of life deteriorated as a result of the prolonged and more intensive treatment that he had to undergo, and he will require significant ongoing care and assistance for the rest of his life.

Liability was denied throughout this case and the initial offer from the Defendant was for £20,000. Eventually the case settled for £137,000.  The compensation will enable the best possible quality of life and prompt private treatment if required. 

The claim also included a subrogated claim on behalf of the private medical insurer in respect of the additional treatment that the insurer had to pay for. 

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About the Author

Gemma is a Senior Associate in our Clinical Negligence team with extensive experience in all areas of medical negligence claims.

Gemma Osgood
Email Gemma
023 8085 7248

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