A TOP judge has ruled that no disciplinary action will be taken against an Alexandra Hospital surgeon who as been at the centre of a court battle.

Calvin Tudor, of Webheath, has campaigned for justice for his wife since she died from bowel cancer in May 2002 aged just 50.

Alexandra bosses have already admitted causing Mrs Tudor's death and Mr Tudor used the £300,000 compensation he received to challenge a General Medical Council ruling after it took no action against the surgeon who treated her.

Mum-of-two Mrs Tudor had complained of symptoms for more than two years. She was told she had irritable bowel syndrome and it was only when she went private that bowel cancer was finally diagnosed. By that time, it was terminal.

As well as complaining to health chiefs, Mr Tudor reported his wife's consultant, Richard Tudor (no relation), to the GMC, which refused to take any further action.

But during a previous hearing at London's High Court, permission was granted for Calvin Tudor to mount a full judicial review challenge to the GMC's ruling.

However, at the High Court last Wednesday Mr Justice Collins dismissed Mr Tudor's judicial review challenge and said he was "satisfied that the decision of the GMC could not have been any different."

He added: "Mr Tudor's wife was not treated with the level of care that should have been offered to her in the last years of her life. But I just do not think that, on the facts of this case, it can be shown the GMC got it wrong."

Afterwards, Calvin Tudor said he was not surprised with the outcome.

He said: "We promised my wife shortly before she died that we would pursue this man through the courts and that is what we have done. We have at least fulfilled that promise to her."

"We have never asked for him to be struck off. We just wanted to make some sense of Carol's death."