We recently acted for the widow of a man who had been receiving treatment for cancer under the care of Nottingham University Hospitals NHS Trust. In his final admission, he suffered a bowel perforation and died shortly afterwards.
His widow came to us because she believed that aspects of his care in those final days had fallen well short of what he deserved, and because she wanted answers, accountability, and some measure of justice for what he went through.
Background
For much of his illness, our client’s husband remained active and independent. He continued to work, drive, travel and help at home until shortly before his final admission to hospital.
The family’s experience of the last days was deeply distressing. Our client described unmanaged pain, delays in escalation, limited family access and a lack of the dignity and end-of-life support she expected to be in place. Her account was not only about grief, but about avoidable suffering and a loss of dignity at a critical time.
Our approach
Clinical negligence claims involving death are among the most sensitive cases we handle. Families often come to us carrying grief, frustration, and the burden of having witnessed something they cannot forget.
After obtaining and reviewing the medical records, we instructed appropriate experts and assessed the value of the claim in light of comparable cases. We also took detailed witness evidence from our client, because the human reality of what her husband experienced needed to be properly understood. Those details were central to valuing and recognising what happened at the end of life.
The expert evidence
An independent oncology expert was instructed to consider the impact of timely treatment. His opinion was that death had likely been brought forward by a relatively short period, but that the rectal perforation, and much of the associated suffering, would likely have been avoided with earlier appropriate care.
That distinction shaped the presentation and valuation of the case. We focused on what the evidence supported:
- Compensation for the pain, suffering and loss of dignity caused in the final episode
- The statutory bereavement award
- Funeral expenses
- Limited additional losses linked to the short period by which life had been shortened
A realistic, evidence-based approach put our client in the best position to achieve a fair outcome.
Settlement
The Trust made an offer to settle the claim, and after careful consideration, our client chose to accept and conclude the matter.
Whilst no sum can make up for the loss of a loved one, particularly where a family feels their final days together were made harder than they should have been, the offer signalled recognition that our client’s concerns had substance and that what happened had real legal value. Settlement also avoided the strain of prolonged litigation and enabled her to draw a line under the legal process.
Next steps
If you believe that you or a loved one received substandard medical care, our clinical negligence team can help you understand where you stand. Even where the legal issues are complex or the losses are not straightforward, there may still be a route to justice and recognition.
If you would like to discuss a potential clinical negligence claim, please get in touch with our specialist team.
How we can help
Mohammad Abdullah is a Senior Associate in our Medical Negligence team, which has been ranked in tier one by the independently researched publication, The Legal 500. He has represented clients in a wide range of medical negligence matters, including injuries arising from hospital falls, failures in orthopaedic and maxillofacial treatment, and serious spinal conditions such as cauda equina syndrome. He is also experienced in claims involving delayed or misdiagnosis cancer diagnoses, dental and vascular negligence, pressure sores, and ophthalmology.
If you would like to discuss a potential bowel perforation claim, please contact Mohammad or another member of our team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form. We’re here to listen, advise, and support you through every step of the claims process.
If this article relates to a specific case/cases, please note that the facts of this case/cases are correct at the time of writing.