Toby, aged seven years old, was admitted to hospital to undergo keyhole surgery to have his kidney removed after being born with a polycystic kidney.
Following the operation, Toby’s condition continued to worsen and he was left in a lot of pain and with a swollen stomach. He was taken back to surgery after his parents were told that he had been left with a hole in the bowel. His injuries were investigated further during open surgery and a colostomy was formed so that he could be fitted with a colostomy bag.
Toby missed nearly eight weeks of school and required a lot of care from his parents who had to change his colostomy bags. At a later date, he was readmitted to hospital for another operation where his colostomy was then closed. He has been left with a scar across his stomach due to the operations he has undergone.
Jennifer Emerson, Medical Law Solicitor at Irwin Mitchell’s Birmingham office, conducted a clinical investigation and the hospital admitted that the surgery to remove Toby’s kidney had been performed negligently and as a result, the case was successfully settled in Toby’s favour.
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