Significant six-figure sum for a young woman who suffered chronic kidney disease as a result of hospital neglect

Our client had a history of Crohn’s Disease and was prescribed Pentasa, a drug designed to help control its symptoms. However, Pentasa has a known side effect of causing renal damage and it is vital that patients taking this medication receive adequate monitoring of their creatinine levels.

 

The hospital did not recognise that she had developed symptoms associated with renal impairment and that her blood tests showed increasing creatinine levels. There were also multiple failures to take note of her symptoms and test results, leading to a decline in her kidney function. 

Our client said that had it not been for the hospital’s negligence she would have avoided the chronic kidney disease from which she now suffers.

Expert evidence from an eminent nephrology expert revealed that she will ultimately suffer end stage renal failure over the next 20-30 years and will require a kidney transplant. The condition has had a significant physical and psychological impact on our client and has meant she has been unable to pursue her chosen career.

The Outcome

Thanks to the experience and expertise of our clinical negligence team led by Laura Sylvester the parties were able to agree a high six figure settlement sum. This not only compensated our client for her pain, suffering and loss of amenity, but also the past losses she had already incurred as well as future losses, including loss of earnings and potential medical and care costs.

If you have any questions or concerns about the topics raised in this case study please contact a member of the Medical Negligence and Personal Injury team at claims@kingsleynapley.co.uk or call us on 020 7814 1200.

Latest blogs & news

Hull University Teaching Hospitals NHS Trust -v- Natasha Colley: Contempt of Court

This blog summarises the position when a Defendant submits an application to commit a Claimant’s Litigation Friend for contempt of Court for false statements made in a document verified by a statement of truth.

Cojanu -v- Essex Partnership University NHS Trust: Update on Fundamental Dishonesty

On 2 February 2022 Mr Justice Richie gave Judgment on Cojanu, a clinical negligence claim where the Defendant advanced a defence of fundamental dishonesty.

Requesting Medical Records after a death

Losing a loved one when you think it may be because they received poor medical care is incredibly stressful at a time when family and friends are grieving their loss.  Often, people want to see a written record of the final days of their loved one and what happened to them, or they might want to go through years of records to ascertain whether there was diagnosis that may have been missed, such as cancer.

Ockenden Report: inadequate investigations into deaths of mothers and babies and a culture of silence

Last week the Ockenden report was finally published. A team of Midwives and Doctors, headed by Midwife, Donna Ockenden reviewed the maternity care given to 1,148 families between 2000 – 2019. The report made for shocking reading.

Breast Cancer: The Most Common Cancer in the UK

Breast cancer accounts for almost 15% of all new cancer cases and affects both men and women.  There are an estimated 150 new cases every day.  Sarah Harding’s death earlier this year was a tragic reminder that breast cancer also affects young and premenopausal women.

Brownlie v Four Seasons Group

Today the Supreme Court has handed down its Judgment in this long-running case, and in plain terms, Lady Brownlie has won the Appeal.

Supreme Court rules in favour of Lady Brownlie in Four Seasons Cairo case

The Supreme Court of England & Wales has this morning decided in Lady Brownlie’s favour, and dismissed the Defendant’s Appeal by a majority of 4 – 1 in FS Cairo v Brownlie.

Maternity Services in England

On 6 July 2021, the Health and Social Care Committee published its report into maternity care in England. The report looks at maternity care across the country and analyses the progress of the Government so far in its commitments to improving maternity care.

Proposed changes to the Highway Code: will they improve safety for cyclists and other vulnerable road users?

Over the summer, the government suggested changes to the Highway Code to improve road safety for vulnerable road users. If the proposals are approved, they will change how pedestrians, cyclists and motorists are expected to behave on Britain’s roads.

Breaking the Stigma: September is Urology Awareness Month

According to the Urology Foundation, one in two of us will be affected by a urological condition in our lifetime.

World Suicide Prevention Day – how can you get involved?

10th September is World Suicide Prevention Day. Each year, on the same date, communities and organisations campaign on a global scale to raise awareness of the tragedy of suicide and explore ways in which we can all help to prevent it.

Who can bring a claim when someone dies?

When a loved one dies, grief is difficult and there can be a lot to deal with.  If someone dies as a result of medical negligence or personal injury, then it’s important to consider who can bring a claim. 

Clarity on costs for consumers of legal services: the guideline hourly rates

Whether the claimant or defendant, successful parties to civil litigation can be disappointed to hear that they are highly unlikely to recover all of their legal spend.  The losing party is only required to pay what is considered reasonable and proportionate.  A key feature in what is recovered is the reasonableness of the hourly rates charged by the successful litigant’s solicitors.

What happens when medics miss a serious heart complaint?

An aortic dissection is a life-threatening condition, requiring early diagnosis and treatment. Sadly, classic symptoms are often misdiagnosed or dismissed, which quickly lead to the patient’s death. We have experience of successfully investigating claims of this nature.

Swift v Carpenter: and another thing…

Much has been said about the 2020 Court of Appeal judgment in Swift dealing with the disputed method by which claims for the cost of special accommodation following severe injuries are calculated, and rightly so; it was a privilege for one of the authors of this article to work on a case of such wide application and with such benefit for so many Claimants. 

Case note: Malik -v- St George's University Hospitals NHS Foundation Trust

The recent decision in the case of Malik -v- St George’s University Hospital NHS Foundation Trust provides a further example of this approach.  Mr Malik required emergency spinal surgery in the form of a laminectomy and discectomy at T10/11.  No criticism was made of the performance of the surgery.  Post-operatively Mr Malik experienced ongoing numbness and weakness in his left leg.  His surgeon recommended further revision decompression surgery which unfortunately left Mr Malik with an incomplete paraparesis.  He was classified as a T7 ASIA D paraplegic.

The National Disability Strategy: the most comprehensive, concerted, cross-government plan ever. Is it really?

On the 28 July 2021, the Government unveiled the highly anticipated National Disability Strategy (‘the strategy’). Pledged in the Government’s 2019 manifesto, the aim is to “improve the everyday lives of disabled people”. The Prime Minister described the strategy as the most comprehensive, concerted, cross-government plan relating to disability ever. A bold claim, but is it justified?

When is the right time to question a medical decision?

Chimamanada Ngozi Adichie, celebrated author and feminist talks in Elizabeth Day’s How to Fail Podcast about the death of her father, and then her mother, 9 months later. Adichie speaks very eloquently about the many emotions that grief provokes.

Group B Streptococcus Awareness Month 2021

July is International Group B Streptococcus (GBS) Awareness Month. As medical negligence specialists at Kingsley Napley, we have acted for many families who have been affected due to delays in the diagnosis and treatment of a GBS infection.

 

Clinical Negligence in Maternity Services

The Nursing Times recently published an article on blame culture within midwifery, which is apparently affecting staff retention. The article discussed a hearing of the Health and Social Care Select Committee which has been leading an Inquiry into the safety of maternity services in England

Skip to content Home About Us Insights Services Contact Accessibility