Find out how

Mrs TS recovered £575,000

Medical Negligence Compensation Case Study

Failure to be referred for surgery ended in £575,000 settlement

Medical History and Initial Presentation

The Attwaters team were instructed on behalf of the family of Mr TS. Sadly, he died following a failure to be referred for surgical repair. He suffered from a large diaphragmatic hernia and loop of colon. This developed into a volvulus (twist of the intestine), bowel necrosis, perforation, and peritonitis.

Mr TS had a history of gastric issues. Consequently, he was referred to the hospital by his GP following symptoms including loss of appetite and changes to regular bowel habits.

Diagnostic Failures

Mr TS underwent a number of tests and examinations. It was our case that there were multiple failures to recognise the potential dangers of the large diaphragmatic hernia and loop of colon. Accordingly, these had been identified in Mr TS’s hemi-thorax.  Evidently there were failures to provide him with appropriate advice in relation to the potential seriousness of the condition.

Emergency Admission and Diagnosis

On holiday Mr TS developed abdominal symptoms and required emergency admission to hospital. At this point he was diagnosed with a large sigmoid volvulus associated with his diaphragmatic hernia and a necrosed large bowel. Despite emergency surgery, he developed post-operative complications and sadly passed away.

Lack of Timely Intervention

We obtained medical evidence supporting a claim for Medical Negligence Compensation. Above all, but for the failures in Mr TS’s care he would have received earlier surgical repair of the hernia. This meant he would not have developed the symptoms associated with the volvulus and his death would have been avoided.

Legal Proceedings

In summary, we sent a Letter of Claim setting out our allegations.  The Defendant accepted some failures but did not fully accept that the outcome would have been avoided.


Following discussions with the Defendant the parties took part in a mediation meeting. This resulted with Attwaters able to successfully settle the claim in the sum of £575,000 for the widow of Mr TS.

Find out more about Attwaters Accidents’ Medical Negligence Claims here.

Attwaters Accidents is the Medical Negligence department of the trusted, long-established firm Attwaters Jameson Hill.