£11,000 awarded to patient for surgical error

surgeon with blue gloves holding surgical instrumentsBlackwater Law medical negligence solicitors successfully represented Mr P in a compensation claim for surgical negligence against Barking, Havering & Redbridge University Hospitals Trust.

Surgical negligence claim

In December 2017, Mr P visited his local A&E department, overseen by Barking, Havering & Redbridge University Hospitals Trust. Over the course of the previous week, he had been experiencing vomiting and lower abdominal pain. A CT scan was arranged and the pain was found to be caused by a stone in the urethra.

Mr P was referred to Urology the next day and underwent a cystoscopy in order to remove the blockage. However, the stone had become impacted and the guidewire was not able to be inserted, resulting in the procedure being abandoned.

The following day, Mr P underwent a procedure to insert a stent into the urethra to bypass the blockage, with a view to undergoing a ureterostomy in 4-6 weeks.

In February 2018, Mr P was readmitted to the hospital to receive the ureterostomy procedure. However, once again, the procedure was abandoned due to the surgeon being unable to remove the stone, and the stent was re-inserted. In April 2018 Mr P underwent Extracorporeal Shock Wave Lithotripsy (ESWL) which works by breaking up the stone using shock waves.

The stent was removed in June 2018 upon which the surgeon noticed it was ‘encrusted’.

In October 2018, Mr P returned to his GP after continuing to experience pain. An ultrasound revealed a renal stone and he was again referred to Urology.

At this point, Mr P felt his pains were not being taken seriously, so paid privately for a CT scan. This scan in February 2019 revealed what looked to be either a retained portion of the stent or a calcified covering of it. In March 2019 Mr P attended an appointment with his consultant whereupon it was confirmed this needed to be removed.

Mr P underwent further surgery in April 2019 and the remaining blockage was removed. It was also noted that another renal stone was present and this was also removed.

The stent was removed in another procedure at the end of April 2019, and Mr P was discharged in August 2019.

The medical negligence claim

Blackwater Law was instructed by Mr P in September 2019 to investigate and pursue a claim for surgical negligence against Barking, Havering & Redbridge University Hospitals NHS Trust.

Having sought opinions from medical experts a letter of claim was sent to the trust, and they responded with an offer.

The settlement

The trust made an offer of £8,000 in July 2020. However, this was rejected by the client and Blackwater Law made a counter offer and was able to obtain an increased offer of £11,000, which Mr P happily accepted in August 2020.

Catherine has taken the time to call me on a regular basis with updates, called back when she said she would, listened to any concerns that I have had whether they be big or small, and always answered my emails in a timely manner.

Mr Pile, Blackwater Law Client