Compensation recovered by reason of contaminated biopsy resulting in kidney removal

Jonathan Herbert, specialist clinical negligence lawyer, acting for the claimant and then his surviving wife, recovered damages of £20,000 for her husband’s pain and suffering and care and assistance provided by her following her husband undergoing an avoidable kidney removal following a contaminated biopsy sample.

C was aged 69 when he underwent a renal needle core biopsy at Conquest Hospital. There was contamination of the histopathology specimen that was overlooked resulting in him undergoing a full left nephrectomy instead of a partial nephrectomy. Thereafter, C went on to suffer a hernia at the extraction site.

We were instructed to bring a claim for compensation and did with the support of legal expenses insurance cover.

Advice was taken from an expert pathologist. She advised that the contamination of the sample was negligent and that had a pathologist attended the subsequent MDT meeting, the discrepancy (being a diagnosis not being consistent with C’s ethnicity) would have been uncovered resulting in the full nephrectomy not being proceeded with. Advice was subsequently taken from experts in urology, nephrology and general surgery who confirmed that as a result of undergoing full nephrectomy the deceased was subjected to unnecessary pain and suffering, and complications including, but not limited to, incisional hernia, abdominal bloating and cramping due to adhesions and pain around the scar site (related to the incisional hernia).

Sadly C died of unrelated issues before his case could be concluded.

A letter of claim was sent on behalf of C’s surviving wife, D. The hospital admitted that it was a breach of duty that the contamination took place. Thereafter settlement negotiations took place.

This case study demonstrates the expertise of our Clinical Negligence team to handle cases involving situations when a patient considers that they suffered personal injury as a consequence of mistakes related to investigations being performed.

Jonathan Herbert is a specialist medical negligence lawyer. If you would like to ask him a question about a potential case, or if you have a general query about any personal injury, contact him at Thomson Snell & Passmore solicitors on 01892 701226 in confidence.

Thomson Snell & Passmore has one of the largest and most experienced specialist medical negligence teams in Southern England including London. Our team of experienced lawyers has expertise essential in this sensitive and often complex area of law. Our clinical negligence team is ranked Number 1 in both the Legal 500 and Chambers and Partners UK and we offer no win no fee agreements on the vast majority of our clinical negligence and personal injury cases.