Kidney stones are widely known for the excruciating pain they cause. However, they’re also capable of causing life-threatening complications if not treated properly — and healthcare providers can be held liable for failing to prevent dangerous outcomes.
The experienced Chicago medical malpractice lawyers at Levin & Perconti have helped victims of missed, failed, and botched kidney stone treatments get the compensation they deserve. With over 400 years of combined experience, we have the skill and know-how to hold negligent medical providers accountable and get justice for what you’ve gone through.
When Is a Doctor Liable for Failing to Treat a Kidney Stone?
Some doctors may assume kidney stones aren’t serious and will pass on their own with minimal risk of permanent harm to the patient. However, a reasonable medical professional will know to look for signs of potential complications before assuming the patient isn’t at risk.
A doctor may be liable for negligence if they:
- Miss a kidney stone diagnosis altogether, leaving the patient to potentially deal with complications and intense pain on their own
- Fail to order tests suggested by the patient’s condition that would have uncovered preventable risks
- Fail to notice or look for signs of infection or urinary obstruction, which can be fatal if untreated
- Botch a surgery or other procedure intended to treat a kidney stone complication, further harming the patient
What Can Happen if a Doctor Fails to Treat a Kidney Stone?
When a doctor fails to follow best practices for diagnosing and treating kidney stones, serious and potentially life-threatening complications can result. Treatment delays can worsen a patient’s condition, raising the risk of harmful outcomes.
Kidney stones generally cause damage by taking up space in the kidneys and urinary tract, blocking the flow of urine from the body. On their own, untreated stones can cause a backup of urine in the kidneys, leading to swelling, reduced function, and potential organ damage.
Urinary obstructions also pose a significant risk of infection, which can lead to sepsis if it spreads to the bloodstream. Sepsis, an overreaction of the body’s immune system, is a medical emergency that can be fatal if left untreated.
Case Study: Levin & Perconti Secures $8 Million Settlement in Fatal Kidney Stone Malpractice Case
In a recent case, our team held an Illinois hospital accountable for medical malpractice and wrongful death for failing to treat a woman’s kidney stone. Our client, a 61-year-old grandmother, was hospitalized for kidney stone treatment but died barely a day later because of an undiagnosed infection that developed into sepsis.
Ten separate medical professionals at the facility failed to take action to properly treat our client, despite knowing as early as two hours after admission that she had a kidney infection and a blocked urinary tract. The hospital had all the information it needed to prevent further harm by giving our client antibiotics and placing a stent to drain her kidney, but it instead allowed her to deteriorate until her condition was fatal.
Our medical malpractice lawyers took the hospital all the way to trial, where we secured an $8 million settlement for the woman’s family on the first day.
What Illinois Rules Apply to Kidney Stone Failure-to-Treat Cases?
In most circumstances, you have two years after the date you discovered your injuries to file a medical malpractice claim in Illinois. State law also requires you to submit an affidavit of merit alongside your lawsuit, which is a sworn statement that a qualified, relevant medical professional has reviewed your case and believes it is valid.
Being injured by an untreated kidney stone is not enough, on its own, to justify a legal claim. To have a valid medical malpractice case in Illinois, you must be able to prove that:
- The medical provider owed you a duty of care as a patient.
- The provider breached that duty by failing to meet the standard of care expected of a reasonable medical professional.
- You were injured as a direct result of the provider’s actions or inaction.
For example, you may have a viable malpractice claim if your doctor delayed your kidney stone diagnosis until your condition progressed significantly, and an independent expert who reviewed your case believes the doctor had enough information to diagnose you much earlier.
Frequently Asked Questions
Can a Hospital Be Liable for Waiting Too Long to Remove a Kidney Stone?
Potentially. A hospital may be liable if a negligent delay in necessary care caused or worsened your injuries and the hospital is legally responsible for that negligence. Depending on your condition, urgent treatment may involve draining an obstructed kidney and administering antibiotics before removing the stone.
Can I Have a Medical Malpractice Case if I Was Discharged With a Kidney Stone?
Yes, if you were discharged with a kidney stone that still posed significant risks of major complications, you may have a malpractice case if you were injured.
What if the Doctor Properly Diagnosed My Kidney Stone, But Missed a Serious Infection?
Can a Kidney Stone Malpractice Case Involve More Than One Doctor or Hospital?
Yes, multiple parties may be liable for a medical malpractice case. Doctors, nurses, lab technicians, and even entire healthcare systems can share liability for medical injuries caused by negligence.
Speak With Our Illinois Medical Malpractice Lawyers
If you or a loved one has been hurt because of a doctor’s failure to treat a kidney stone, the experienced legal team at Levin & Perconti is ready to fight to get justice for your family. Contact us online or call (312) 332-2872 today to schedule your free consultation.
