The article was first published in the Daily Mail
on 19 August 2006.
“An eminent surgeon has agreed to pay more than £500,000 in
damages to the family of a woman who died during a routine
operation.
Catherine Ferguson – a £90,000-a-year BT manager – bled to death
after Davor Jurkovic punctured a major blood vessel during a simple
hospital procedure.
Lawyers acting on behalf of Mrs Ferguson’s 11-year-old son sued
the doctor for clinical negligence in a
case that was due to be heard at the High Court last month.
But the surgeon agreed to pay substantial damages – thought to
be at least £500,000 – in an out-of-court settlement just days
before the hearing.
Mrs Ferguson, 41, went to see Mr Jurkovic at King’s College
Hospital, South London, as a private patient in July 2003 when she
was suffering from abdominal pain.
The surgeon carried out a laparoscopy – a procedure which
involves inserting a fibre-optic cable with a camera on the end
into the stomach while the patient is under general anaesthetic.
But the probe slipped and ruptured her aorta, a major artery
connected to the heart. Despite desperate attempts to save her, she
died from blood loss.
A verdict of misadventure was recorded at in inquest into her
death at Southwark Coroner’s Court in 2003.
Mr Jurkovic denied that he was negligent, but issued an apology
to the Fergusons and agreed to pay compensation, which will be
covered by his insurers. Mrs Ferguson had the operation on a
Saturday and had been expecting to return to work on the following
Monday.
Her lawyer Paul McNeil said
yesterday: ‘At the very beginning of the surgery, the operation
went terribly wrong. During the insertion of an instrument into the
abdomen, the surgeon ruptured Catherine’s aorta.
‘Notwithstanding the emergency attendance of a number of other
doctors to theatre, Catherine bled to death.’
Mrs Ferguson’s parents Donald, a retired RAF officer, and
Patricia, who live in Eastbourne, East Sussex, have been left
distraught by the tragedy.
Her mother said: ‘She was a beautiful, a lovely person.’
Mr Ferguson added: ‘It’s been a very difficult time for everyone
and now we are just trying to get on with our lives.’
Their daughter, a keen hockey player, was educated at the Royal
Latin School in Buckingham.
Her son Fergus lives in London with his father Mark Endersby – a
chartered accountant who was divorced from Mrs Ferguson.
Mr McNeil said Mrs Ferguson – who worked at the London Stock
exchange before taking up her position at BT – had ‘considerable
earning power’ ahead of her.
She headed a department pioneering new technology at the
telecoms company. Mr Jurkovic, who qualified in Yugoslavia in 1981
claims that he ‘followed standard textbook procedures.’
The rupture of the aorta was ‘an event which could occur even in
the best surgeon’s hands’, he added.
But just before the High Court hearing, he agreed to pay ‘very
substantive damages and apologised to Catherine’s son’, Mr McNeil
said.
Mr Jurkovic’s apology, given through his counsel, said: ‘Whether
this court would ultimately have held Mr Jurkovic legally liable in
respect of this tragedy is a matter for conjecture.
‘What is not in doubt is that legally liable or not, Mr Jurkovic
is and keenly feels, responsible for what happened.
‘And the fact that his patient died during a minor operative
procedure is something for which he offers a heartfelt and sincere
apology’."