A woman whose husband of 46 years died due to delayed treatment of a twisted stomach received over £80,000 in compensation.

Her husband, who was 66 when he died, was left brain dead after going into cardiac arrent when the bowel obstruction caused stomach and bowel contents to enter his lungs.

The woman ‘C’ was left traumatised after watching doctors try multiple times to resuscitate her husband.

She brought a medical negligence claim against the hospital for both her husband’s suffering and hers as a secondary victim. The case was settled in August 2021 by specialist solicitor, Miriam Bi, of Sheffield-based Medical Solicitors.

Case summary

In early 2018, C’s husband had been feeling increasingly unwell, suffering for weeks with nausea and diarrhoea. With a history of a hiatus hernia, his GP referred him to hospital for investigations where a gastroscopy revealed that he had a large hiatus hernia with a volvulus - a twisting of the stomach that can block the passage of food and cause serious complications.

When he saw the specialist in October 2018 to discuss the results, he was advised to manage his condition conservatively rather than undergo surgery.

However, just a month later he was rushed to hospital as an emergency with severe abdominal pain and vomiting.

Scans showed a large hernia and a possible gastric volvulus, meaning his stomach had twisted again and was at risk of obstruction. Despite these findings, doctors decided to treat him conservatively - keeping him nil by mouth and giving pain relief - rather than operating.

Unfortunately, this delay in surgery proved critical.

Later that day, he went into cardiac arrest after aspirating (inhaling) stomach and bowel contents into his lungs. His wife witnessed the entire event, a sudden and traumatic collapse she was completely unprepared for.

Doctors performed CPR for several minutes before his heartbeat returned, but he had already suffered severe oxygen deprivation to the brain.

He was transferred to intensive care, but his condition remained extremely unstable. He developed kidney failure and signs of brain injury. Despite all efforts to stabilise him, he continued to deteriorate and sadly passed away.

Litigation

A claim was brought against the hospital for delayed surgical treatment of the volvulus, which ultimately led to the patient’s death. A secondary victim claim was also pursued for his wife, who suffered lasting psychological trauma after witnessing her husband’s collapse and resuscitation. She received counselling and may need further psychiatric support in the future.

Liability was admitted for the primary claim. The secondary victim claim was settled on a litigation risk basis and this was taken into account when advising the Claimant to settle the secondary victim claim. 

The claim settled for over £87,000 which included £6,000 general damages for the deceased and £63,000 in special damages for past and future financial losses. His widow received £17,900 for the secondary victim claim.

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Case Settled By

Miriam Bi

Director and Solicitor

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