Written by

Christian Beadell - Partner, Head of Strategy and Legal Operations

A 40 year old man has received £15,000 from West Suffolk NHS Foundation Trust after medical equipment was left in place during an operation.

The man, who is a full time carer for his daughter, initially underwent a procedure at West Suffolk Hospital in July 2013 to insert a stent into his kidney, due to a blockage causing severe pain and discomfort in the lower back and groin. He was then referred to undergo a pyeloplasty – surgical reconstruction to part of the kidney.

He underwent the procedure in January 2014 without complications. Following this, the Claimant failed to receive any follow up. He attended his GP on numerous occasions with discomfort and painful urination which he was treated with antibiotics for.

In October 2017, the Claimant was referred by his GP back to West Suffolk Hospital. In January 2018, the Claimant attended an appointment with urology at West Suffolk Hospital and it was suspected that the stent had been left in situ and not removed. A referral was made for further investigations.

On 15 February 2018, a CT scan reported “Left double-J stent left in situ. Left kidney shows a little further atrophy compared with the previous study in 2013.”

On 12 March 2018, the Claimant attended at an appointment at West Suffolk Hospital and he was listed for emergency removal which took place less than two weeks later.

The Claimant brought action against West Suffolk NHS Foundation Trust for the failure to remove the stent in a timely manner and failed to follow up, resulting in the stent not being removed for more than three years, causing a prolonged period of pain and discomfort. It had caused him difficulties participating in social activities and playing with his children.

The Defendant’s solicitors made an early admission that the stent should have been removed in March 2014 and the failure to do so caused additional pain and suffering. An offer was put forward by the Defendants of £10,000 and the Claimant was happy to settle without expert evidence. After negotiations for a higher settlement, the Claimant was awarded £15,000 in damages.

“The Defendant’s solicitors made an early offer of £10,000. As the Claimant was happy to settle without expert evidence, we negotiated a higher settlement and he was awarded £15,000 in damages.”

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