Compensation for negligently performed surgery at Croydon University Hospital | Fieldfisher
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Case Study

Compensation for negligently performed surgery at Croydon University Hospital

Arti Shah recently obtained a six figure settlement for Andrew* following a negligently performed surgical procedure.

Andrew had attended Croydon University Hospital for an emergency Hartmann's procedure to treat perforated diverticulitis. After a successful operation, he was discharged home with appropriate follow up, before being listed for a reversal of the Hartmann's procedure.

Andrew attended hospital for surgery to take place, and was discharged home after 4 days. His infection levels were noted to be raised on discharge, but he was advised he could go home.

At home, Andrew's surgical wound continued to leak. 2 days after being sent home, he had to attend A&E complaining of vomiting, feeling cold, sweaty and clammy. He was admitted and underwent a CT scan. This identified gas and soft tissue at the site of the Hartmann's reversal. A wound swab identified E.coli, and Andrew's inflammatory markers continued to rise whilst in hospital.

He remained an inpatient, and 5 days later, Andrew had to be taken back to theatre – the site of his wound had broken down, and part of his bowel was visible. A laparotomy identified that a suture used during the previous operation had punctured the bowel and mesentery "through and through" in 2 separate places.

Post operatively, Andrew continued to have issues, including projectile vomiting and wound dehiscence, requiring daily wound packing and debridement. He remained in hospital for 10 days before being discharged. He suffered further complications as a result of the abdominal wound not healing, requiring attendance for further appointments post discharge.

Andrew was employed as a manual labourer. He remained off work for 3 months, before returning on reduced hours and light work. An Occupational Health assessment identified he should not operate any machinery that added strain to his body.

Some 10 months post laparotomy, Andrew felt something "pop" out of his abdomen whilst on light duties at work. His GP diagnosed an abdominal incisional hernia. Surgery for the same was not recommended due to other complicating factors, and so Andrew has been left with a permanent deficit, which causes ongoing abdominal pain.

Despite his best efforts to continue work, Andrew's employment was later terminated on medical grounds.

Arti took the case over from previous solicitors at an early stage. The Defendant had denied liability in its Letter of Response. Clarification of the Defendant's position was sought, with a further Response being received, also denying liability.

Expert reports were obtained and a conference with Counsel was held. Protective proceedings were issued and served. In its Defence, the Trust accepted the bowel and mesentery had been caught in 2 separate places. However, it denied this was negligent.

Various offers were exchanged, and the case settled for six figures shortly after a Costs and Case Management Conference (CCMC). The Defendant had been denied permission to rely on a breach of duty expert for failing to properly admit or deny the allegations made.

At the end of the case, Andrew said:

"Arti took over my case from a very early stage due to my previous solicitor retiring, he recommended her very highly. After one introductory conversation with Arti and her lovely secretary Jane, I felt like I knew them all my life they made me feel so comfortable.

"I was in very much pain for quite a period of time due to things going wrong in surgery, and when I queried this, one doctor's response to me was that these things happen, which did not seem right. Arti understood how important it was to me, and set about investigating, arranging meetings with a barrister and experts to discuss.

"Arti and her team were always working in the background keeping me informed all the way along and managed to get a settlement a lot higher than the Trust's original offer. She is just brilliant in her job, so professional and a lovely person beside that."

*name changed

Contact us

For further information about surgery negligence claims and medical negligence compensation claims, please call Arti Shah on 03304606739 or email

All enquiries are completely free of charge and we will investigate all funding options for you including no win, no fee. Find out more about no win, no fee claims.

Related expertise

Surgery Negligence Claims