Nigerian Family Awarded £858,000 in Landmark Medical Tourism Case
In a landmark legal ruling, Nigerian parents Toyin and Oyebanji Ashamu have been awarded £858,000 in compensation after their daughter tragically died following a weight loss surgery procedure in Turkey. The case highlights significant risks associated with medical tourism and has set a precedent for accountability in such arrangements.
Tragic Circumstances Leading to the Fatal Outcome
Khelisyah Ashamu, a 26-year-old mother of one from Romford who worked in IT, sought a gastric bypass surgery in Turkey due to ongoing struggles with her weight and dissatisfaction with her stomach appearance after a Caesarean section. In February 2019, she traveled to Izmir, Turkey, after paying £3,300 for a surgical package through Get Slim in Turkey, a medical tourism company run by British expatriate Tracey Ozdemir.
The young woman underwent a Roux-en-Y bypass procedure on February 1, 2019. This complex surgery involves separating the upper stomach from the lower portion and connecting it directly to the small intestine, significantly restricting food intake to promote weight loss. Unfortunately, Miss Ashamu experienced severe pain post-operation and required follow-up exploratory surgery just two days later on February 3.
Medical Complications and Subsequent Legal Battle
Following the second procedure, Miss Ashamu was transferred to intensive care but suffered a sudden cardiac arrest after what the court determined was inadequate post-operative monitoring and airway care. She fell into a coma and was later declared brain dead. Her ventilation was withdrawn without her family's knowledge, and her father discovered she had passed away when hospital staff informed him she was already in a body bag in the morgue on February 9, 2019.
A coroner officially recorded the cause of death as gastrointestinal ischaemia, resulting from complications of her surgery. This medical condition involves a dangerous lack of blood flow to the intestines that can prove fatal without proper intervention.
High Court Proceedings and Judicial Ruling
The Ashamu family initiated a High Court claim against Tracey Ozdemir, trading as Get Slim in Turkey, seeking compensation for their daughter's estate. During the proceedings, Senior Judge Mrs Justice Obi heard compelling evidence about the circumstances surrounding the tragic death.
Dominique Smith, the family's barrister, argued that Get Slim in Turkey had offered Miss Ashamu a package travel contract that included not just accommodation and transfers, but the surgical procedure itself as an essential component. The legal team contended that Ms Ozdemir should be considered an organiser of the package rather than merely an introducer connecting patients with medical facilities.
Ms Ozdemir defended the claim by asserting she served only as an introducer and denied liability for the surgical outcome. However, Justice Obi found compelling evidence that contradicted this position, noting that Ms Ozdemir had actively marketed surgical packages using language such as our surgeon, which suggested a more substantial role than that of a simple intermediary.
Judgment and Compensation Award
In her ruling, Justice Obi determined that a package travel contract and consumer contract existed between Get Slim in Turkey and Miss Ashamu. The judge found Ms Ozdemir liable as the organiser responsible for the proper performance of both the surgery and aftercare components of the package.
The court accepted expert testimony indicating there had been inadequate post-operative monitoring and airway care following Miss Ashamu's second operation. This medical negligence contributed directly to the cardiac arrest and subsequent brain death.
Since Ms Ozdemir did not challenge the amount of damages claimed, Justice Obi awarded the full £858,000 to the Ashamu family. In addressing the parents after her ruling, the judge expressed sincere condolences, acknowledging that no legal outcome could lessen their profound loss but hoping the conclusion of proceedings might bring some measure of consolation.
Broader Implications for Medical Tourism
This case establishes important legal precedents regarding accountability in medical tourism arrangements. The ruling clarifies that companies marketing surgical packages abroad can be held responsible as organisers rather than mere introducers when procedures form an essential part of their travel packages.
For Nigerian families considering medical treatment overseas, this judgment underscores the importance of thoroughly researching providers, understanding legal protections, and recognizing potential risks associated with surgical procedures in foreign countries. The substantial compensation award demonstrates that courts will hold medical tourism companies accountable when inadequate care leads to tragic outcomes.
The Ashamu family's pursuit of justice through the legal system has not only secured compensation for their devastating loss but has also highlighted critical safety concerns in the growing medical tourism industry that affects many Nigerian citizens seeking affordable healthcare options abroad.
