Parents Secure £858,000 Compensation After Daughter's Death in Turkish Weight Loss Surgery
Grieving parents have been awarded a substantial £858,000 compensation payout from a British-operated medical tourism agency following the tragic death of their daughter after budget weight loss surgery in Turkey. The High Court ruling marks a significant legal precedent in cases involving overseas medical procedures.
Tragic Case of Khelisyah Ashamu
Khelisyah Ashamu, a 26-year-old IT worker and mother-of-one from Romford, traveled to Izmir, Turkey in February 2019 for a gastric bypass operation. The young woman had been struggling with her weight and was particularly concerned about the appearance of her stomach following a previous Caesarean section. She turned to Get Slim in Turkey, an agency operated by British expatriates, paying £3,300 for a comprehensive package that included the surgical procedure and accommodation.
Just eight days after undergoing the Roux-en-Y bypass surgery on 1 February 2019, Ms Ashamu's condition deteriorated alarmingly. She required exploratory follow-up surgery on 3 February and was subsequently moved to intensive care. Tragically, she suffered a sudden cardiac arrest and fell into a coma. Despite her father flying out to be with her and receiving assurances she was responding to treatment, a brain surgeon confirmed she was brain dead. Her life support was withdrawn without her family's knowledge, and she passed away on 9 February 2019.
Legal Battle and Judicial Findings
Ms Ashamu's parents, Toyin and Oyebanji Ashamu, launched a High Court claim against Tracey Ozdemir, who traded as Get Slim in Turkey, seeking compensation for their daughter's estate. The coroner had recorded the cause of death as gastrointestinal ischaemia – a critical lack of blood flow to the intestines – resulting from complications arising from the weight loss surgery.
Senior judge Mrs Justice Obi presided over the trial and delivered a decisive ruling against Ms Ozdemir. The judge accepted expert medical evidence that revealed "inadequate post-operative monitoring and airway care" following the second surgical procedure. This failure in medical oversight directly contributed to the tragic outcome.
Mrs Justice Obi determined that Ms Ozdemir operated as an "organiser" of a "package travel contract" rather than merely an introducer connecting patients with medical facilities. The judge noted that evidence clearly showed Ms Ozdemir had "actively marketed" comprehensive packages that included surgery, airport transfers, and both hotel and hospital accommodation at a single price.
Key Legal Determinations
The court made several crucial findings that established liability:
- Ms Ozdemir used language inconsistent with a mere introducer, including referring to "our surgeon" in marketing materials
- The surgery constituted an essential feature of the package and accounted for a significant portion of its value
- The defendant was therefore liable for the proper performance of all package services, including medical procedures and aftercare
- A consumer contract existed between Ms Ozdemir and Ms Ashamu, establishing additional liability
Mrs Justice Obi addressed the grieving parents directly after her ruling, stating: "I recognise how difficult these proceedings must have been for you and I offer my sincere condolences for the loss of your daughter. Of course, nothing this court can do can lessen that loss for you and your family, but I hope the conclusion of these proceedings will bring some measure of consolation."
Surgical Procedure and Medical Complications
The Roux-en-Y gastric bypass procedure Ms Ashamu underwent involves surgically separating the upper portion of the stomach from the lower section. The upper stomach is then directly connected to the small intestine, while the main stomach portion creates a cul-de-sac through which no food passes. This surgical approach restricts the amount of food patients can consume, creating a sensation of fullness after eating smaller quantities.
Following the initial surgery, Ms Ashamu experienced significant pain that necessitated the follow-up procedure. The court heard disturbing details about the lack of proper monitoring recorded before her cardiac arrest, and the heartbreaking circumstances surrounding the withdrawal of life support without her family's knowledge or presence.
Broader Implications for Medical Tourism
This landmark case highlights significant risks associated with medical tourism, particularly when patients travel abroad for budget surgical procedures. The ruling establishes important legal precedents regarding the responsibilities of agencies organizing such medical travel packages.
Dominique Smith, the barrister representing the Ashamu family, successfully argued that Get Slim in Turkey had created a "package travel contract" of which the surgery formed an essential and significant component. The medical tourism aspect was central to the package's value and purpose.
Since Ms Ozdemir did not challenge the claimed damages amount, the judge awarded the full £858,000 sum to Ms Ashamu's family. Notably, a separate claim against Turkish medical professionals was not pursued in these proceedings.
This tragic case serves as a sobering reminder of the potential dangers of overseas medical procedures and establishes clearer legal accountability for agencies promoting and organizing such medical tourism packages.
