Family seeks clinical negligence compensation after grandfather’s death

Posted 21/06/2010

The relatives of a man who died from an undiagnosed stomach ulcer have said they intend to take legal action against the NHS trust they hold responsible.

Barry Shillito began to feel ill on January 14th this year and his carer Robert Sewell called the Orchard 2000 Medical Centre for a home visit, the Hull Daily Mail reports.

However, a doctor from the centre declined to come out and instead diagnosed the 77-year-old with flu, prescribing strong painkillers.

Two days later, Mr Shillito’s undiagnosed stomach ulcer leaked a huge amount of blood into his body and he died before he reached Hull Royal Infirmary for treatment.

Following an inquest in which the coroner said Mr Shillito may have survived had it not been for the misdiagnosis, the victim’s granddaughter Wendy Sewell said the family will be seeking compensation from NHS Hull for clinical negligence.

“We are considering legal action, that’s our next step. We don’t want anyone else to have to suffer in this way,” she remarked.

According to Bupa, stomach ulcers usually affect people aged 40 to 80. If perforation occurs, making an internal hole in the abdomen, emergency surgery will be required or the condition may be fatal.

Rosamund Rhodes-Kemp, who heads the Ashtons Legal clinical negligence team, adds: “This is another tragic case involving out of hours GP services. This really is a situation that needs review, especially in a time of cutbacks.

“The various options need to be explored to ensure patients get a reasonable standard of care from a service that represents value for money.”