Widow sues health firm after weight-loss op death
Philip Morris died in 2021, four days after part of his stomach was removed during a gastric sleeve procedure at the Spire St Anthony's Hospital in Surrey.
In February 2024, a coroner concluded he probably would have survived if a carbon dioxide monitor was working correctly.
Following the inquest Spire Healthcare said it accepted the coroner's findings and had taken action to address them.
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Mr Morris' widow, Dana, received two interim compensation payments from Spire Healthcare last year, but is now taking the company to the High Court.
Mrs Morris, 49, said Spire's reluctance to accept full liability and agree a financial settlement had "prolonged their nightmare" and caused "further unnecessary grief".
"We definitely can't move on to kind of whatever grieving could look like," she said, adding: "I don't feel like we've even started that process."
Court papers obtained by BBC Wales allege substandard treatment by Spire Healthcare as well as medics involved in Mr Morris' surgery and aftercare.
A date for the High Court hearing has not yet been set.
Mr Morris, from Newport, was a founding member of Wales Arts Review and was its managing director from 2012 to 2016.
The family moved to south London from Newport in 2016.
Mr Morris - who weighed 22 stone, had type 2 diabetes and sleep apnoea - elected for private surgery due to long NHS waits following the Covid-19 pandemic.
Following the surgery, Mr Morris experienced severe abdominal pain which left him struggling to talk and breathe.
He was placed in the intensive care unit of the private hospital where a decision was made to intubate him before moving him to an NHS hospital.
A four-day inquest in Croydon in February 2024 heard the procedure was found to be "extremely difficult" and that his "airway was lost".
Senior coroner Sarah Ormond-Walshe said there was a "missed opportunity" to try to create a new airway because a carbon dioxide monitoring device was not working correctly.
She found that "no-one checked that this piece of equipment was working" because it was not any individual's responsibility to check.
In a narrative conclusion, the coroner found Mr Morris died after "suffering complications of an emergency procedure carried out in turn to treat complications of post bariatric surgery".
A year on, Mr Morris' widow and their son Orson, 15, have been diagnosed with PTSD and Orson continues to require counselling.
"We feel like we're trying to bring justice for Phil," Mrs Morris said.
"It's not right that he went in to improve his health and if things had gone to plan what life would be like now."
"Spire's mistakes cost Phil his life and we will forever suffer those consequences. Lessons must be learned so this never happens to any other family," she added.
Spire Healthcare said it was unable to comment on specific details, due to ongoing legal proceedings.
But in a statement the company said: "We apologise for the distress caused by Mr Morris' death and can confirm that Mrs Morris' claims are being responded to through the appropriate legal channels."
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