(unreported) 9/5/16 – 13/5/16, QBD, HHJ Forster Q.C. sitting as a Judge of the High court
A surgeon had not erred when undertaking an exploratory laparotomy in failing to diagnose acute diverticular disease in the distal portion of the Claimant’s sigmoid colon. Whilst the Claimant went on to develop diverticulitis necessitating an eventual Hartmann’s Procedure, there was nothing to suggest that the same was mandated at the time of the index operation in March 2012 and it was reasonable for the treating surgeon to have considered the presence of a collection in the Claimant’s peritoneum to have been the result of either appendicitis or a micro perforation which had resolved.
Thomas acted for the successful NHS Trust.