Director Neil Heavisides has acted on behalf of the Claimant in this case who on the 1st July, 2010 underwent a sigmoid colectomy to remove a suspicious lesion from the sigmoid colon. This turned out to be an adenocarcinoma. Unfortunately, during the operation the Claimant suffered an injury to her ureter. Subsequent investigations by ultrasound showed a left sided hydronephrosis. This was confirmed on CT urogram. Later that year she underwent a rigid sigmoidoscopy with a failed attempt to insert a JJ Stent. She was therefore listed for a ureteric re-implantation which took place on the 4th January, 2011. This was performed throughlaparotomy and involved a Boari-flap.
Unfortunately, a renogram performed a little later demonstrated that the Claimant’s left kidney was contributing just 7% of total renal function and it was felt that the Claimant’s life expectancy would be curtailed as a consequence of this and that before she passed away she would reach end stage renal failure necessitating renal replacement therapy. But for the ureteric injury this renal damage wouldnot have occurred.
Expert reports were obtained from a specialist in bowel surgery, urological surgery and also nephrology. The Defendants obtained their own independent report which sought to argue that whilst the ureteric injury had been negligently caused the kidney problems were attributable to an established pre-existing chronic kidney disease. Their expert argued that there would be no direct effect from the negligence upon the Claimant's life expectancy or need for any treatment
After considerable negotiations the Claimant’s action was settled for £80,000.
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