$950,000 Settlement in Illinois Surgical Malpractice Case Involving Ureter Injury During Stone Removal

Surgical procedures to treat kidney stones are commonly performed and are generally expected to be safe when done correctly. When a serious complication occurs, the critical question is not simply what happened—but whether the injury was preventable based on how the procedure was performed.

 

In one surgical malpractice case handled by our firm, a patient suffered a severe ureter injury during a ureteroscopy procedure, resulting in additional emergency treatment, prolonged hospitalization, and long-term complications. The case resolved in a $950,000 settlement.

 

The Procedure and the Injury

 

The patient underwent an outpatient ureteroscopy to remove a kidney stone from the ureter. During the procedure, the ureter was torn, a complication known as a ureteral avulsion. This is a serious and potentially catastrophic injury that requires immediate surgical repair and can lead to permanent urinary complications.

 

Emergency Treatment and Outcome

 

Following the procedure, the patient required additional emergency treatment and hospitalization. The patient experienced complications related to the injury. Although the patient eventually returned to work, ongoing urinary symptoms continued, consistent with the damage caused during the procedure.

 

When Does a Surgical Complication Raise Concern?

 

Not every complication is the result of negligence. However, when a significant injury occurs during a controlled and visualized procedure, the focus shifts to how the injury occurred.  The key issue is how the injury occurred. When a significant injury arises during a controlled and visualized procedure, the analysis focuses on whether the outcome is consistent with how the procedure was performed.

 

How These Cases Are Proven

 

Surgical malpractice cases are proven through careful analysis of the evidence, including the operative reports, post-operative medical records and imaging, expert review of surgical technique and evaluation of whether the approach respected known anatomy. 

 

The central question is whether the mechanism of injury is consistent with a procedure performed within the standard of care. In cases involving ureter injury, this often involves determining whether excessive force, improper technique, or instrument misuse contributed to the outcome.

 

Compensation in Illinois Surgical Malpractice Cases

 

When surgical negligence causes injury, compensation may include:

• Medical expenses
• Pain and suffering
• Permanent impairment
• Loss of normal life.

Even when a patient returns to work, ongoing symptoms and the need for additional treatment can support a substantial recovery.

 

Why Experience Matters

 

Surgical malpractice cases involving internal injuries are highly technical. They require detailed understanding of both the procedure and the anatomy involved.

 

At Sean Burke Law, LLC, these cases are evaluated by identifying the mechanism of injury and determining whether it is consistent with accepted surgical practice. When the evidence supports it, we pursue full accountability, including taking the case to trial if necessary.

 

Speak With an Illinois Medical Malpractice Attorney

 

Sean Burke Law, LLC represents individuals and families throughout Northern Illinois in complex surgical malpractice cases. If you experienced a serious complication during a surgical procedure and have questions about what happened, a consultation can help determine whether the injury was preventable and whether further investigation is warranted.