Widow sues NHS for £250,000 over death of husband

Sharon Gilligan, 57, has launched the legal fight in the High Court in London for compensation after her husband, Peter, 65, died after a hernia operation at York Hospital.

A High Court writ has been issued against York Teaching Hospital NHS Foundation Trust after Mrs Gilligan claimed her husband received sub-standard care.

It is alleged a surgeon admitted he "nicked his bowel" during keyhole surgery to repair the hernia, and Mr Gilligan died after a second operation when his organs shut down.

The legal papers state Mr Gilligan developed nausea and vomiting after the first operation but was discharged home on January 7, 2008.

His condition deteriorated, and he was re-admitted three days later, and was critically-ill by January 11, 2008. He underwent emergency surgery but died from multi-organ failure and sepsis on January 13.

Notes from the surgeon who operated are inconsistent with his explanation at the time that he had nicked the bowel, according to the writ.

Mrs Gilligan has branded the health trust negligent, and claimed her husband was not warned of the risks of keyhole surgery to repair his hernia.

She has also alleged he was not told he had a choice of keyhole or open surgery.

The surgeon negligently failed to realise that he had perforated Mr Gilligan's small bowel, leading to peritonitis, but doctors did not take note of his continuing pain, and failed to carry out an X-ray or CT scan, according to the writ.

If Mr Gilligan had undergone surgery earlier he would have lived and fully recovered.

A York Teaching Hospital NHS Foundation Trust spokeswoman said: "As this is an ongoing case, we are unable to make any comment at this time."