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Compensation for prolonged symptoms due to stone in ureter

£50,000 compensation for man who was left with a stone in his ureter

Photo of kidney stones: istock

21 January 2011

Mr S was admitted to hospital in June 2005 with renal colic, which was causing him considerable discomfort.  Two stones were seen in his ureter on a CT scan and he underwent a procedure to remove them.  During the procedure the ureter was severed and the procedure had to be abandoned, leaving one stone in the ureter. 

Mr S subsequently developed a stricture and required stents (artificial tubes) in his ureter.  Between June 2005 and April 2007, there were attempts to remove the stents permanently but, following each attempt, the urologists had to insert another stent.  His kidney function deteriorated during this period.  Mr S suffered from discomfort in passing urine, urinary frequency, haematuria (passing blood in the urine), nocturia (the need to wake at night to pass urine), loin pain, incontinence, impotence and fatigue. 

By April 2007 there were two stents in situ.  Mr S was admitted for laser surgery by a different urologist.  This urologist found a stone remaining in the ureter, which was removed.  Another operation was required in May 2007 to remove remaining fragments of the stone.  Following removal of the stone Mr S’s symptoms improved significantly and his kidney function also increased. 

Mr S’s case was that one of the stones that was found on the CT scan in June 2005 had been forgotten about and remained in the ureter, leading to the persistence of the stricture that was caused by the original injury.  The case was due to go to Court but a settlement was reached a month before the trial was due to take place.  The NHS Trust concerned agreed to settle the case for £50,000 and legal costs just under one month before trial.

Mr S said:

“The continuous support I received at all times from both Dr Mala Sidebottom and Russell Levy was most comforting and reassuring and an excellent advertisement for Leigh Day & Co’s hands on approach.”


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