What happened in the case
In 2015, Mrs DT underwent what was expected to be a routine hernia repair operation. Prior to surgery, she lived with pre-existing mobility issues but remained actively involved in family life, particularly in caring for her two young children. Tragically, during the procedure, a bowel obstruction occurred but was not promptly recognised or treated. This oversight led to the loss of a significant portion of her bowel, resulting in devastating and permanent consequences.
Mrs DT now requires lifelong Total Parenteral Nutrition (TPN), a method of feeding that bypasses the gastrointestinal tract by delivering nutrients directly into the bloodstream, and lives with an irreversible stoma. Her condition has drastically altered her quality of life, limiting her independence and placing significant strain on her physical and emotional wellbeing.
The situation worsened when she experienced a fall caused by hypoglycaemia (low blood sugar), which was linked to her nutritional condition. The fall left her immobile, bed bound, and in constant pain, further compounding the challenges she faced in her daily life.
Legal challenges faced in the case
Although the defendant admitted breach of duty early in the case, the legal journey was far from straightforward. One of the central challenges was establishing the extent to which Mrs DT’s current condition could be attributed to the surgical negligence, rather than her pre-existing mobility issues.
There was also significant debate around the fall, specifically, whether it could be directly linked to the initial surgical error and subsequent complications. The defendant’s legal team argued that the fall was an unrelated incident, while our team worked to demonstrate the causal connection between her nutritional needs and the resulting hypoglycaemia.
Another layer of complexity involved Mrs DT’s state-funded care package. Before a settlement could be reached, it was essential to resolve how her care would be managed and funded moving forward, ensuring that any compensation would adequately reflect her long-term needs.
Why Moore Barlow?
Mrs DT approached Moore Barlow seeking expert legal representation in a highly sensitive and complex medical negligence case. She needed a team with deep experience in catastrophic injury claims and a proven track record of navigating disputes around causation, care provision, and long-term rehabilitation.
Her goal was to secure compensation that would allow her to access appropriate care, move into suitable accommodation, and provide financial stability for her and her children.
Our client centric approach
We assembled a multidisciplinary team of medical experts, care specialists, and valuers to build a robust and evidence-based case. Early in the process, we secured a substantial interim payment, which enabled Mrs DT and her family to relocate to accommodation better suited to her needs.
Our team worked diligently to address the complexities of her care package, ensuring that all aspects of her support were accounted for in the final settlement. We engaged in extensive negotiations with the defendant’s legal representatives, carefully navigating the disputes around causation and future care.
The case was ultimately settled just weeks before trial, avoiding the emotional toll of a courtroom appearance for Mrs DT.
The outcome of the case
Mrs DT received a settlement comprising a lump sum and periodical payments, capitalised at over £8.5 million. This outcome ensures that she will have access to the care, support, and financial resources she needs for the rest of her life.
This was a deeply complex and emotional case. It was incredibly rewarding to help secure the support and stability our client needed to move forward with dignity and care.
Sarah Stanton – Partner | Medical Negligence
Sarah Stanton is a Partner in the Medical Negligence team at Moore Barlow. She specialises in high-value, complex claims involving catastrophic injury, with a particular focus on cases requiring long-term care and rehabilitation planning.
How Moore can help in medical negligence cases
As one of the UK’s most experienced medical negligence law firms, we pride ourselves on working closely with our clients and their families, ensuring you are at the heart of the process and fully engaged in the decision making. We will guide you sensitively through the litigation process making what can be a stressful experience much easier to handle, whilst proactively progressing your compensation claim and maximising any compensation award.
