§ PUBLISHED JUDGMENT · 2018

Welsh v Walsall Healthcare NHS Trust

[2018] EWHC 1917 (QB)·High Court (Queen's Bench Division), Birmingham·25 July 2018

A 40-year-old had gastric bypass surgery and developed a leak that was not diagnosed until a day after clear warning signs. Yip J found the trust liable for several failings and assessed general damages at £100,000 plus care and therapy costs.

Outcome

Claimant succeeded

Sum stated in judgment

Not stated

Claim type

Surgical Errors

Decided

Liability and damages decided at trial

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§ WHAT HAPPENED

The facts, in brief.

Defendant: Walsall Healthcare NHS Trust (Walsall Manor Hospital) · this trust’s claims data

Injury: Anastomotic leak after gastric bypass diagnosed late: sepsis, multiple operations, ileostomy, bypass reversal, seven months in hospital, chronic pain

Specialty: Bariatric surgery · England

§ WHAT THE COURT SAID

In the judgment’s own words.

“Taking account of the 10% uplift which applies in this case, I have concluded that an appropriate award for pain, suffering and loss of amenity is £100,000.”

The money

£100,000 general damages for pain, suffering and loss of amenity; care and treatment heads also awarded, loss of earnings dismissed; overall total not stated in the judgment

§ WHY IT MATTERS

What this case shows.

After weight-loss surgery, signs of a leak need to be acted on promptly; delayed diagnosis can turn a treatable complication into life-changing injury. General damages reflect the whole picture of pain, disability and psychological harm.

About surgical errors claims →

§ MORE SURGICAL ERRORS JUDGMENTS

Claim failed

Tarrant v Monkhouse

[2025] EWHC 2576 (KB)·2025·Liability decided at trial

After a sleeve gastrectomy the claimant had trouble swallowing; the surgeon performed a gastroscopy and balloon dilatation, after which the sleeve leaked. The judge found no breach of duty in the post-operative care or the dilatation and dismissed the claim despite the very serious consequences.

A bad outcome after a recognised complication is not enough; the claimant must show the treatment decision fell outside what a responsible body of surgeons would do. Sympathy for the patient does not change the legal test.

Claim failed

Julia Tosh v Vivek Gupta

[2025] EWHC 2025 (KB)·2025·Liability decided at trial

The claimant developed anal stenosis after a private haemorrhoidectomy and argued her haemorrhoids had been over-graded, non-surgical options were not discussed and the stenosis risk was not explained. The judge found the grading was correct, alternatives were discussed and the risk was disclosed on the consent form and in the information leaflet, so the claim was dismissed.

Documented consent, including a signed form and a written leaflet naming the specific complication, can be decisive in defeating a Montgomery consent claim.

Claimant succeeded

MJF v University Hospitals Birmingham NHS Foundation Trust

[2024] EWHC 3156 (KB)·2024·Liability decided at trial

A young woman with cerebral palsy had a PEG feeding tube inserted and was found unresponsive two days later with peritonitis and sepsis. The judge rejected the doctor's account of how the tube was fixed, found it was placed under too much tension, and entered judgment for the claimant.

Where a clinician's recollection is unreliable and contradicted by the physical evidence, the court can find a procedure was done negligently. Causation may still be limited where a pre-existing condition would have deteriorated anyway.

All surgical errors judgments →

Contains information licensed under the Open Justice - Licence v2.0. Judgments from Find Case Law, The National Archives. Summaries are ours; amounts only where printed in the judgment.

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