Several here failed because the complication was a known risk that had been explained, or because a responsible body of surgeons would have done the same.
Claim failed
[2026] EWCC 50·2026·Liability decided at trial
A widow brought a dependency and bereavement claim against the hospital after her husband died from an infection picked up during heart surgery. Because he had already settled his own claim in full against the equipment manufacturer while alive, the court held no Fatal Accidents Act claim survived for his dependants.
A dependant's claim under the Fatal Accidents Act only exists if the deceased could still have sued at the moment of death. Settling a claim in the patient's lifetime can extinguish the family's later dependency claim, so settlement terms need careful thought where death is foreseeable.
Claim failed
[2026] EWHC 704 (KB)·2026·Liability decided at trial
During long spinal surgery for scoliosis and chest wall deformity the claimant deteriorated, arrested while being turned over, and was left with severe sight loss. He alleged the anaesthetist negligently failed to treat a raised potassium reading, but the judge found that reading was spurious and the arrest was caused by a pulmonary embolism, so the claim failed.
Even after a devastating complication a claim fails if the court finds the true cause was a non-negligent event, so proving the mechanism of injury is often the decisive issue.
Claimant succeeded£811,247
[2026] EWHC 657 (KB)·2026·Damages assessed at trial
The trust admitted it negligently failed to diagnose Daisy Lynch's developmental hip dysplasia at birth, so it was not picked up until she was three, by which time simple non-surgical treatment was no longer possible. She went through repeated hip operations and a total hip replacement at 22, and the court assessed her damages after an eight-day trial.
Even where liability is admitted, damages can be heavily contested, and the court can add a provisional damages order letting the claimant return for more if a specified complication later occurs. The award covered pain and suffering, lost earnings, future care and future surgery.
Claimant succeeded
[2025] EWHC 2121 (KB)·2025·Liability decided at trial
A 25-year-old with congenital heart disease suffered a severe brain injury when her aorta was cut during a high-risk repeat sternotomy and it took around 24 minutes to get her onto full bypass. The judge found the surgeon should have exposed the femoral vessels in advance (saving around 13 minutes) and that consent was deficient; she would still have gone ahead with the operation, but with that precaution taken.
Surgeons planning a known high-risk operation must take reasonable precautions beforehand and tell the patient about them; a court can find negligence in planning and consent even where the intra-operative error itself was not negligent.
Claim failed
[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.
Claim failed
[2025] EWHC 1907 (KB)·2025·Liability decided at trial
A 27-year-old flight attendant saw her GP with severe back and leg pain, having mentioned perianal numbness in a message two days earlier; she had emergency surgery for cauda equina syndrome four days after the consultation. The judge accepted that the GP asked the right red-flag questions and that the patient answered no, so there was no breach of duty.
In cauda equina cases the court looks closely at what safety-netting questions the GP actually asked and what the patient answered on the day. Contemporaneous notes and messages matter greatly for both sides.
Mixed outcome
[2024] EWHC 3318 (KB)·2024·Liability decided at trial
After spinal surgery the hospital failed to give Ms Tuffin the prescribed anti-clotting injection, and she developed a deep vein thrombosis and post-thrombotic syndrome; three years later her leg was amputated above the knee. The judge held the trust liable for the DVT and its after-effects but found the amputation was caused by complex regional pain syndrome from the surgery itself, not the clot.
A missed dose of thromboprophylaxis that causes a DVT is negligent, but compensation covers only the harm the clot actually caused. Where a separate condition drives the worst outcome, the claimant must show the negligence at least materially contributed to it.
Claim failed
[2024] EWHC 2338 (KB)·2024·Liability decided at trial
Admitted with perforated diverticulitis, the claimant had a laparoscopic washout and deteriorated about 36 hours later, needing an emergency Hartmann's procedure with a stoma and intensive care. She alleged she had asked for a colorectal referral, was improperly moved to private care and was not properly consented, but the judge found none of this proved and dismissed the claims against both the surgeon and the trust.
Consent disputes turn on evidence of what was actually discussed; where the records and the surgeon's account show the alternative procedure was explained, a claim based on inadequate consent is likely to fail.
Claim failed
[2024] EWHC 2011 (KB)·2024·Liability decided at trial
Ms Spellman alleged a hospital radiologist missed cauda equina compression on an MRI scan taken the day after her fall, delaying diagnosis until private surgery six days later. Damages had been agreed at £300,000 if she won, but the judge found the scan showed only mild stenosis with no compression to be found, so the claim failed.
Parties sometimes agree the damages figure in advance and fight only liability, so a claimant who loses on breach of duty recovers nothing. Expert evidence on what the scan actually showed was decisive.
Claim failed
[2023] EWHC 3163 (KB)·2023·Liability decided at trial
Ms Beatty, in hospital with severe cellulitis, developed ischaemic toes; a vascular surgeon diagnosed vasculitis rather than an embolism and did not order a CT angiogram, and she later needed a below-knee amputation. The judge found the surgeon's diagnosis was supported by a responsible body of medical opinion and dismissed the claim.
A diagnosis that turns out to be wrong is not automatically negligent; if a responsible body of specialists would have reached the same view on the information available, the claim fails under the Bolam test.
Claimant succeeded£1.3M
[2023] EWHC 3115 (KB)·2023·Liability decided at trial
Before bowel cancer surgery, anaesthetists made three failed epidural attempts while the patient was awake and then seven more after putting her under anaesthetic, one of which pierced her spinal cord. Ritchie J held the anaesthetist should have obtained her informed consent before the unconscious attempts and offered alternatives, and that this failure caused the injury.
Consent is not a one-off: when a procedure changes course (here, moving to unconscious epidural attempts), the patient must be told of the options and risks again. The full agreed £1.3m followed from that single consent failure.
Claimant succeeded£4.68M
[2022] EWHC 2417 (KB)·2022·Damages assessed at trial
A 20-year-old motorcyclist with leg fractures developed compartment syndrome which the trust admitted it treated too late, so his right leg had to be amputated below the knee. Liability was admitted and the court assessed damages at £4,676,442 covering lifelong prosthetics, care, adapted housing and lost earnings.
Where a hospital admits that quicker treatment of compartment syndrome would have saved a limb, the case becomes about valuing lifelong needs, and prosthetics, accommodation and care can each run to six or seven figures for a young claimant.
Claimant succeeded£2.85M
[2020] EWHC 3269 (QB)·2020·Appeal decision
After a 10-hour facial reconstruction the claimant developed compartment syndrome in both legs in intensive care and was left with permanent damage; the trust settled 70 days before trial for a £2.85 million lump sum plus annual payments of £48,000 rising to £85,000. This later judgment dealt only with the lawyers' success fee and dismissed the claimant's appeal on that point.
Compartment syndrome arising from post-operative monitoring failures can attract multi-million-pound settlements with periodical payments for lifelong care, although this figure comes from a costs judgment rather than a damages judgment.
Mixed outcome
[2019] EWHC 1276 (QB)·2019·Liability decided at trial
Mrs Arksey attended Addenbrooke's with a warning bleed from a brain aneurysm but was discharged without a CT scan and suffered a catastrophic re-bleed the next day. The court held she had not proved that admitting her would have avoided the re-bleed, though she succeeded on an admitted delay in fitting a shunt for hydrocephalus.
Proving breach of duty in A&E is only half the battle; the claimant must also show that the correct treatment would have prevented the injury in time, which failed here for the main allegation.
Claim failed
[2018] EWHC 343 (QB)·2018·Liability decided at trial
Five days after surgery to reverse his ileostomy the 60-year-old claimant developed sepsis and his whole colon had to be removed because its blood supply had failed. He alleged the surgeon had damaged the marginal artery, but Yip J was not satisfied that the injury was caused by negligence rather than a naturally occurring clot.
A serious complication after bowel surgery is not itself proof of negligence; the claimant must show on the balance of probabilities that a surgical error, rather than an unavoidable event, caused the harm.
Claimant succeeded
[2016] UKPC 4·2016·Appeal decision
A patient with appendicitis waited hours for a CT scan and surgery; by the time his appendix was removed it had ruptured and sepsis had damaged his heart and lungs. The Privy Council held the hospital was liable because its delay materially contributed to the injury, even though some harm would have occurred anyway.
Where negligent delay makes an existing condition worse in a cumulative way, a claimant need not prove the whole injury would have been avoided, only that the delay made a more-than-negligible contribution. This is often relied on in sepsis and delayed-treatment claims.
Claim failed
[2013] EWHC 4088 (QB)·2013·Liability and damages decided at trial
A widower and four children claimed after Mrs Shah, who had collapsed with leg weakness days after giving birth, died from an undetected arterial tear. The court found the A&E doctor's failure to check leg pulses was not negligent and would not have changed the outcome, so the claim failed.
Fatal claims need proof both that care fell below a reasonable standard and that better care would probably have saved the patient. The judgment nonetheless shows how dependency damages for a spouse and children are built up from the deceased's earnings and services.