£2m compensation in medical negligence claim against Leighton Hospital following father's death

A husband and father of two young children sadly died following failure by staff at Leighton Hospital, part of Mid Cheshire Hospitals NHS Foundation Trust, to treat a hiatus hernia that had caused obstruction and severe distension of his stomach.

Jenny Urwin acted on behalf of his wife and dependants to secure more than £2 million settlement for his death.

The deceased was a fit and generally healthy 48-year-old man who became unwell with vomiting. After a few days of sickness he collapsed at home and was admitted to Leighton hospital by ambulance. He underwent various investigations including a CT scan of his abdomen and pelvis that the radiologist reported as showing a large herniation of the abdomen, causing a stomach outlet obstruction and severe distension.

Despite the findings of the scan, nothing was done; the results were not reviewed by the treating clinicians and steps were not taken to decompress his stomach. His condition deteriorated and a recommendation to decompress the stomach by inserting a tube did not happen. Two days later, he collapsed outside his hospital room, suffered a cardiac arrest and died.

Prior to his death, the deceased had a highly paid full-time job. A claim was brought under the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal accidents Act 1976 on behalf of his family, including bereavement damages, past and future loss of financial dependency (loss of earnings and pension) and for the past and future loss of his "services" as father and husband for the role he played at home etc.

Mid Cheshire Hospitals NHS Foundation Trust accepted liability for his death. Expert evidence confirmed that had he been appropriately treated with decompression of his stomach and surgery, he would have recovered without any long-term complications and would have gone on to live a full and normal life.

An initial settlement meeting with the Trust was unsuccessful in resolving the claim but subsequent negotiations achieved resolution for the family, with the settlement formally approved by the court.

Contact us

For further information about delayed treatment claims and medical negligence claims, please call Jenny Urwin on 03304606776 or email jenny.urwin@fieldfisher.com.

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