THE TYPE OF CASE WE DO

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SURGICAL ERROR; PERFORATED OESOPHAGUS; DEATH

C V BIRMINGHAM HEARTLANDS & SOLIHULL NHS TRUST (2005)

£100,000 following death of wife from perforated oesophagus 

Aged 70 D underwent routine endoscopy.

After the procedure she was discharged despite complaining of burning in her chest and being unable to drink. 

D was returned to hospital shortly after discharge and diagnosis of perforation made. D underwent thoracotomy and drainage of abscess however her perforated oesophagus was not repaired.

D was discharged three months after initial surgery however deteriorated was readmitted and subsequently died three weeks later from bronchopneumonia and empyema.

BREACH OF DUTY

It was argued that the oesophageal perforation occurred due to substandard operative technique and should have been diagnosed shortly after the procedure.

CAUSATION

Had the perforation been avoided D's deterioration and death would have been avoided.

OUTCOME

Liability was admitted and the claim settled without trial for £100,000