The High Court has awarded £6.74 million in damages to a man who almost died during an operation to donate a kidney to his father.
Mr Justice Spencer in London was told by Elizabeth-Anne Gumbel QC that the man, who is aged 39 and can only be referred to as XYZ, paid a “a very great price” for his generosity.
He was left needing a kidney transplant from his sister after an operation to give his right kidney in February 2008 left him with irreversible kidney failure.
As a result, XYZ has suffered severe health problems and has also required dialysis treatment. His life has been shortened by 10 years, he faces the possibility of further deterioration in health and at some point will need another transplant.
Liability was admitted by Portsmouth Hospitals NHS Trust on the basis that the surgeon, who is the subject of proceedings before the General Medical Council, was not only negligent but to a degree reckless.
But the Trust disputed the “potentially enormous” compensation involved – XYZ had claimed £14 million – particularly relating to loss of future earnings and medical expenses.
The judge said the consequences for XYZ, a dynamic and extremely hard-working professional and father of two, had been “catastrophic” – physically, psychologically, emotionally and financially.
Medico-Legal News Source: Legal & Medical
