THE TYPE OF CASE WE DO

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£170,000 following failure in treatment leading to requirement for dialysis and kidney transplant

JM v Barnsley Hospital NHS Foundation Trust (2009)

FACTS

Aged 57 Mr M was admitted to hospital with pains in his joints and feet and difficulties walking.

Test results showed increasingly high markers of abnormal kidney function (raised creatinine levels).

However these were not acted upon for 15 days.

Mr M was diagnosed as suffering from Wegners Granulomatosis causing inflammation of the blood vessels associated with his kidneys.

Mr M suffered permanent kidney damage leading to requirement for daily dialysis and if possible kidney transplant.

BREACH OF DUTY

It was Mr M's case that there was an unacceptable delay in recognising his impending kidney failure.

The hospital accepted the test results should have been recognised as abnormal and further investigations undertaken.

CAUSATION

It was Mr M's case that earlier investigation would have led to treatment that would have saved his kidney function avoiding his need for dialysis and transplant.

OUTCOME

Compensation was agreed before trial at £170,000.