Kidney donor in £14m damages claim

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Kidney donor in £14m damages claim

5th November 2010

A man who nearly died when an operation to transplant a kidney to his sick father went disastrously wrong is claiming High Court damages of more than £14m.

The 39-year-old, who cannot be named, underwent a right kidney transplant at the Queen Alexandra Hospital in Portsmouth in early 2008 after his father became seriously ill due to renal failure.

Daniel Lee, Head of Clinical Negligence with Fentons Solicitors LLP, said: "In return for helping his father avoid further dialysis treatment so he could experience a better quality of life in retirement, this man paid a huge and totally unacceptable price."

During the course of the operation the claimant suffered a heart attack as well as 'torrential' haemorrhaging, nerve damage, and catastrophically irreversible left kidney failure. As a result, he spent over a year on a dialysis machine himself and later required his own life-saving transplant, receiving a kidney from his sister.

Portsmouth Hospitals NHS Trust admitted liability on the basis the surgeon - who made a series of mistakes during the transplant and is the subject of proceedings before the General Medical Council (GMC) - was both negligent and 'reckless.'

"As a result of these failings, not only has this man had to suffer the trauma of his own dialysis, not to mention the accompanying health problems, he has also had to face the prospect of further deterioration with the inevitability of another transplant sometime in the future," said Daniel.

The claimant, who is understandably distraught, has had his life curtailed by a decade and his career as an executive in the pharmaceutical industry cut short. The £14 million being claimed accounts for lost earnings and funds needed to pay for the man's ongoing care and medical expenses.

"Organ donation is a vital part of medicine, saving thousands of lives each year," said Daniel. "With over 17 million people currently on the Organ Donor Register (ODR), anyone who so generously agrees to donate their organs must have absolute confidence that their lives and health are in the competent hands of experienced professionals who will take every precaution to minimise any associated risks that transplant procedures entail."

How can Fentons help?
Fentons has a specialist department experienced in handling claims relating to clinical and medical negligence.

If you think that you have a case or require further information, contact Fentons on 0800 019 1297 or fill in the online claims questionnaire.

Source - BBC