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Fatal Accident Claim Against City Hospitals Sunderland NHS Foundation Trust

The Claimant in this matter, underwent surgery for prostate cancer in June 2009. Unfortunately problems developed and a catheter had to be replaced. The District Nursing Team should not have replaced the catheter but did so on the instruction of the hospital, following an emergency telephone consultation. As a result the Deceased suffered damage and was admitted to hospital. The rectum was perforated necessitating an emergency operation to repair the damage which left the Deceased with a defunctioning colostomy and an ileal conduit. Further reconstructive surgery took place in September 2009. That surgery, in turn, caused the development of adhesions, which, in turn created an adhesional small bowel obstruction. This led to compression of the bowel wall. An area of the bowel became necrotic allowing the escape of bowel contents into the abdominal cavity. This led to the eventual development of peritonitis which caused the death of J in November 2011.

Breach of duty was admitted following a Letter of Claim being submitted and, separately, causation was then admitted. Probate was obtained to allow the widow to pursue the claim and receive damages on behalf of the estate. Evidence was obtained to support the value of the claim, from the Pensions Agency, private pensions providers, life expectancy expert and an expert who provided a report on the condition and symptoms that the Deceased suffered prior to his death.

Negotiations ensued once a Schedule of Loss was submitted and, the sum of £160,000 was recovered in respect of damages.

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