The specialist clinical negligence team at Curtis Law Solicitors has recovered £110,000 in compensation for a client who experienced loss of kidney and post-operative hernia following a surgical error.

Mr R underwent an ultrasound scan which was reported to show a left lower renal cyst. A CT urogram was arranged which revealed a 35 x 38mm lesion in the lower pole of the left kidney which was suspicious for left renal cell carcinoma. A biopsy confirmed the diagnosis and Mr R was referred to the Royal Free Hospital for a partial left nephrectomy. The left robotic partial nephrectomy was subsequently performed.

Post-operatively, Mr R developed a urinary infection which led to him being admitted to hospital for monitoring and antibiotic therapy. Hydronephrosis was found in the remaining left kidney. A CT urogram was performed which noted leaked urine/fluid around the kidney. The plan was to drain the fluid and insert a urinary stent under general anaesthetic. The hydronephrosis worsened. Three separate attempts to fit a urinary stent failed. Antegrade nephrostomy was performed, but no contrast entered the ureter which was suggestive of an obstruction.

Further scans suggested that the ureter was obstructed by a surgical clip. Surgical exploration confirmed that the ureter had been clipped at both ends and divided during the left robotic partial nephrectomy. It was not possible to re-anastomose the ureter and therefore a completion left radical robotic nephrectomy was performed. Post-operatively, Mr R’s urinary symptoms resolved, and his appetite retuned to normal, but he developed a painful swelling to the scar on the left side of his abdomen at the site of the completion nephrectomy. This was diagnosed as a large incisional hernia that required surgical repair.

Expert evidence was obtained from a Consultant Nephrologist and a Consultant Surgeon. The evidence confirmed that the resultant reduction in kidney function was not impacting Mr R’s day to day activities and no additional treatment or management was required. Mr R faced a slightly increased risk of end stage kidney disease, and his life expectation was reduced by less than one year. The hernia was adversely impacting Mr R’s day to day activities and required surgical repair. He faced an increased lifetime risk of both a further recurrence of hernia and of acute adhesive small bowel obstruction.

The claim was presented to the Trust and admissions of liability were secured. An interim payment was obtained so that Mr R could undergo private hernia repair surgery. We quantified his claim which included general damages for his pain, suffering and loss of amenity and his past and future care and assistance costs, travel expenses, medical treatment, and loss of earnings.

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