Every one a published decision of the courts of England and Wales, linked to its source.
Claimant succeeded
[2018] EWHC 1917 (QB)·2018·Liability and damages decided at trial
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.
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.
Claim failed
[2019] EWHC 2488 (QB)·2019·Liability decided at trial
The claimant was discharged two days after a sleeve gastrectomy despite nausea, vomiting and pain, and weeks later developed severe sepsis from a leak. The judge found the discharge and follow-up were not negligent and that earlier action would not have changed the outcome.
Early discharge after bariatric surgery is not negligent if symptoms at the time were within the expected range. Claims fail if the leak would have developed and been treated the same way regardless.
Claim failed
[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
[2023] EWHC 2803 (KB)·2023·Liability decided at trial
Mr Ward's stomach was perforated during keyhole removal of a gastric band; the hole was not seen during the operation and was repaired the following morning after he deteriorated. The judge found the perforation was not visible at the time and so there was no negligent failure to identify and repair it.
A perforation missed during surgery is only negligent if there was visible evidence the surgeon should have seen. Post-operative pain that leads to timely re-operation may not give rise to a claim.
Claimant succeeded£1.2M
[2024] EWHC 1360 (KB)·2024·Liability decided at trial
Mr Healey died nine days after bowel cancer surgery at a private hospital when a leak at the surgical join was not recognised in time. The hospital settled the widow's claim for £1.2 million and the court ordered the surgeon to bear 75% of it, finding his failure to diagnose the leak the principal cause of death.
Post-operative deterioration after bowel surgery must prompt urgent consideration of a leak. Both the private hospital and the individual surgeon can be liable, with the court apportioning responsibility between them.
Claimant succeeded£92,391
[2013] EWCA Civ 117·2013·Appeal decision
Mrs Thomas's bile duct was injured during keyhole gallbladder removal and the surgeon also failed to arrange fluid and kidney monitoring when she was readmitted unwell. The trial judge found both failures negligent and awarded £92,391; the Court of Appeal dismissed the surgeon's appeal.
Bile duct injury during gallbladder surgery is not automatically negligent, but a court can find negligence where the anatomy was recognised and the injury still occurred, and separately for inadequate monitoring afterwards.
Claim failed
[2012] EWHC 2335 (QB)·2012·Liability decided at trial
Mrs Clements alleged that during bowel cancer surgery the surgeons twisted the bowel's mesentery before rejoining it and failed to check, causing obstruction, a second operation and catastrophic complications. The judge found the join was properly formed and the later obstruction was caused by adhesions, so there was no negligence.
Serious complications after surgery do not by themselves prove the operation was done negligently. The court will weigh the operating surgeons' evidence against what was found at the second operation.
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.
Claimant succeeded£550,000
[2026] EWHC 1284 (KB)·2026·Liability decided at trial
A patient developed life-threatening pancreatitis after a gallstone-removal ERCP. The judge found the consultant never prescribed or instructed the standard preventive diclofenac suppository, so it was not given, and entered judgment for £550,000 against him.
Failing to give a recognised prophylactic drug before a procedure can be negligent even in private care. The prescribing doctor, not the hospital, carried the liability here.