Settlement of fatal sepsis claim following failure to accurately report CT scan, leading to delay in life-saving surgery

Case Studies

Settlement of fatal sepsis claim following failure to accurately report CT scan, leading to delay in life-saving surgery


We have recently settled a claim for the widower of a woman who sadly passed away because of failures in her medical treatment. The claim was against North West Anglia NHS Foundation Trust.

Our client’s wife was in her late fifties when she began suffering from abdominal pain, loose bowels, and bloating. She reported to her GP, who advised her to attend A&E at Hinchingbrooke Hospital, which she did the same day. Later that evening, a CT scan showed a localised, contained perforation in her abdomen. Antibiotics and fluids were provided, she started to improve, and was later discharged. 

She returned to A&E a few weeks later with severe abdominal pain. She was shaking and too ill for normal activities. The impression was that she had diverticulitis (a condition in the large intestine caused by diverticula, which are small bulges in the walls of the intestine). As part of her treatment, she underwent a CT scan of the abdomen and pelvis. The CT scan was reported as showing no appreciable change from the last scan. However, this was misleading. The CT appearances in fact did show changes in the intestine, which suggested that the perforation was no longer contained, and indicated that the problem was worsening. 

Our client’s wife remained very unwell and stayed in hospital over the following days. Her pain increased and she became feverish. It became clear that she was suffering from sepsis, and it was determined that she required abdominal surgery. The procedure was undertaken, and she was transferred to the intensive therapy unit. She was then moved to critical care, but sadly did not improve and she passed away. 

A serious untoward incident (SUI) investigation was performed at the hospital and an inquest was held at Huntingdon Coroner’s Court, before our client approached us to investigate further. We obtained expert evidence on the care provided to his late wife. We alleged that there had been a failure to report the second CT scan correctly, and numerous further failures to appreciate her deterioration and undertake surgery. We argued that, but for these failures, she would have undergone surgery sooner, in a better physical condition, and would likely have survived.

The defendant admitted that there were failings in our client’s wife’s care and apologised. No admissions were made as to whether she would have survived but for these failings. Nevertheless, a settlement was negotiated. 

Victoria Johnson, an associate who specialises in sepsis cases and ran the claim, commented: “This was a tragic case to work on and I am so sorry for my client and his family’s loss. No sum of money can reflect what they have been through. My client has always said that he wanted lessons to be learnt so that this does not happen again to another family, and I hope that, by bringing the claim to a conclusion, this will be the case.”


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Penningtons Manches Cooper LLP

Penningtons Manches Cooper LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority under number 419867.

Penningtons Manches Cooper LLP