Moore Blatch Resolve secures verdict of neglect at inquest

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The death of a Hampshire pensioner was down to the neglect of hospital staff at Queen Alexandra Hospital in Portsmouth.

Osvaldo Fella died in 2009 after being admitted to the hospital for routine surgery following successful treatment for colon cancer.

Coroner David Horsley recorded a verdict of neglect at the inquest this month after hearing that the 75 year old from Waterlooville developed post-operative ileus – a temporary paralysis of the bowel.

Moore Blatch Resolve partner Victoria Hydon represented the family at the inquest and said it was a tragic case involving the untimely death of a well respected and liked 75 year old gentleman who had beaten cancer and was looking forward to spending the rest of his life with his cherished wife and son.

“It was distressing to hear of the failings of the Trust, but the family have received assurances that as a consequence of Mr Fella’s death, an action plan has been implemented including better training for nurses and junior doctors in recognising this common complication,’’ she said. To their credit, the Trust has admitted civil liability and a full apology has been sent to my clients.”

Victoria, who specialises in clinical negligence and serious injury work said the coroner found that there had been a lack of communication between the nurses and junior doctors who failed to recognise and treat the obvious symptoms of post-operative ileus and that when Mr Fella had been transferred to an adjoining ward, his clinical records had been mislaid in the process of transference. 

The Coroner heard that Mr Fella was admitted to QA on 24 November 2009 for a closure of loop ileostomy.   Mr Fella had previously undergone successful treatment for colon cancer and the loop ileostomy closure surgery was to be his final treatment.

Surgery went uneventfully but post-operatively Mr Fella developed a common condition of post-operative ileus – a temporary paralysis of the bowel.  This was an easily treatable condition.  Mr Fella should have been treated by nil by mouth and a nasal gastric tube should have been sited. 

However, despite showing obvious signs of post-operative ileus, Mr Fella was encouraged to take both fluid and food orally.  He experienced severe vomiting and high pulse rate for two days and eventually aspirated his own vomit, leading to a cardiac arrest and death. 

The Coroner heard how the clinicians and staff failed to recognise the seriousness and failed to treat the condition in an acceptable manner. 

Moore Blatch Resolve is now working on the civil case for compensation following the Trust’s admission of liability.