22nd April 2024 – We were instructed by the family of Mrs W a Tenterden lady who died in December 2019, aged 77, following surgery at the Benenden Hospital performed by colorectal surgeon Mr Marzouk.
Ms W was fit and healthy and had been throughout her life. She was the sole carer for her husband who had failing physical and mental health.
When a couple of small gallstones became symptomatic she was referred to the Benenden Hospital under the care of Mr Marzouk.
After investigations, surgery was decided upon in the form of a laparoscopic cholecystectomy which took place on 10.12.19 and should have been a straight forward procedure.
In the event, Mr Marzouk inserted the initial trocar in a sub-standard manner perforating then further damaging the aorta.
Upon recognising his initial error and the ensuing bleeding, Mr Marzouk abandoned the cholecystectomy procedure, converting the laparoscopy into a laparotomy.
His subsequent investigation into the source of the bleeding was inadequate. He failed to find the true source of the bleeding and inappropriately closed without having done so
Ms W deteriorated sharply in recovery with signs of ongoing intra-abdominal bleeding. She had to be returned to theatre where she was attended on by a Consultant Vascular Surgeon who located injury to the aortic wall which was repaired.
She was transferred to the ITU at the William Harvey Hospital, Ashford.
Upon arrival there, her condition continued to deteriorate with signs of infection and sepsis as well as compromised blood flow.
She had to undergo further surgery on 11.12.19.
She died ultimately the following morning on 12.12.19, when her position became non- viable due to an extensive period of chronic hypotension.
The cause of death as found by the Coroner subsequently, after a full Inquest Hearing, was multi-organ failure arising from hypovolaemia shock caused by the massive haemorrhage Ms W suffered when her aorta was damaged by insertion of the trocar.
Benenden Hospital also conducted a serious incident investigation.
The family instructed us to investigate and take forward a case in clinical negligence.
We instructed a Consultant General and Laparoscopic Surgeon and Endoscopist who confirmed the negligent performance of the procedure and inadequate attempt to find the source of bleeding subsequently. But for the negligence, Ms W would, of course, have survived.
A Letter of Claim was sent to Mr Marzouk on 21.04.23. Solicitors instructed by his Medical Defence Union eventually produced a Letter of Response on 10.10.23 making full admissions of liability and causation.
This followed on from an early meeting with the family within which Mr Marzouk made informal admissions.
Following the admissions, the case was quantified and settled for an acceptable sum.
Nick Fairweather, who had conduct of this matter, alongside colleagues, commented as follows:- “Ms W was a hard working much loved wife, mother and grandmother and was looking forward to the rest of her retirement which she richly deserved. It is a terrible tragedy that her life was taken prematurely through wholly avoidable errors in what should have been a straightforward procedure. One has to hope that this experienced Surgeon has truly learned lessons from the case. I pay tribute to the dignity of the families who have instructed us. The case was never about money but to get to the bottom of what actually occurred and hold the Surgeon to account. I hope they can take some comfort from the result that has been achieved ultimately in this regard”.
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