Family of 'much-loved wife, mom and nan' who died after Shrewsbury hospital surgeon tore her colon consider taking case to High Court for judicial review
The family of a “much-loved wife, mom and nan” who died after a surgeon perforated her colon have said they might take her case to the High Court for a judicial review.
Yvonne Tolley, a “warm and gentle” mother-of-three and grandmother-of-12, died after her surgeon at Royal Shrewsbury Hospital (RSH) caused a fatal colon tear.
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During an inquest into her death at Shropshire Coroner’s Court, Guildhall, Shrewsbury, Mrs Tolley’s family were told by a senior medic that “sometimes, complications are unavoidable”.
Heath Westerman, deputy coroner for Shropshire, Telford and Wrekin, recorded a conclusion that Mrs Tolley died of recognised complications following necessary surgery.
He opted not to write a Prevention of Future Deaths report, which is written when a coroner identifies something that, if addressed could stop deaths from happening in future.
Now Mrs Tolley’s family have said they are planning to take the case further by pursuing a Fatal Accidents Act claim and county court proceedings against Shrewsbury and Telford Hospitals Trust (Sath) for data disclosure.
They have also said they are considering seeking a judicial review.
The family say they have concerns about the time it took Mrs Tolley to be taken into surgery and issues around the consent form for her surgery.
“This is not about attacking individuals,” Mrs Tolley’s family said in a statement. “It is about ensuring that serious concerns arising from sworn evidence are properly examined and that patient safety learning takes place where necessary.
“We never wanted to take legal action simply to obtain information about our mum’s death. We simply wanted answers.”
The coroner’s court was told during the inquest that Mrs Tolley, from Dudley, West Midlands, died at RSH on the day before her 64th birthday after her bladder and colon were damaged during an exploratory surgery.
She had a gastric bypass in May 2024 to aid weight loss and help improve numerous health conditions she suffered from.
