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19/12/2024
Lionel Stride (instructed by Heather Moore of Slater & Gordon), successfully represented a claimant who lost both kidneys as a result of the allegedly negligent failure to monitor nephrotoxic drugs by her GP. She required a kidney transplant and had suffered reduced life expectancy, with anticipated failure of the transplanted kidney within 15 years and the likelihood that she would spend the last 4 years of life on dialysis with 24/7 care needs. Liability, causation and quantum all remained in dispute. The Claimant contended that the Defendant was under a duty to monitor her kidney function and that, having undertaken a blood test, he failed to identify abnormalities in her levels of creatinine that should have led to repeat testing and early diagnosis of her condition, such that she would have avoided her later kidney failure. The Defendant disputed that he was required to monitor the Claimant’s kidney function despite clear NHS guidelines to the contrary because she was being treated on a private basis by a rheumatologist, who had prescribed the nephrotoxic drugs. The main issue in the case therefore centred on the scope and extent of a GP’s duty to undertake repeat blood testing in circumstances where a patient is already under the separate care of a private specialist. The matter was listed for trial in early 2025 but the parties reached a high six-figure settlement at ADR that reflected both the weight of the Claimant’s evidence and her poor prognosis.