What happens if my Surgeon is negligent?
Posted on 17th February 2020
News reports are emerging around an Orthopaedic Surgeon, working for Spire Healthcare, who has been suspended as a result of enquiries linked to the earlier suspension and subsequent imprisonment of Ian Paterson, a Breast Surgeon, who was jailed for 20 years in 2017. Mr Paterson was found guilty of “intentionally wounding” patients.
The second surgeon, Mr Mike Walsh, a specialist in Trauma and Orthopaedics was suspended nearly two years ago. However, the details of this suspension have been limited due to the ongoing investigations. It is thought that around 200 patients could be affected, however, only around 25% of the patients have currently been sent an invitation to return for a follow-up appointment.
Spire Healthcare are also reviewing the work of another surgeon, Mr Habib Rahman, who has also been suspended by the heathcare provider. Like Mr Walsh's case, few details of this latest matter have come to light, and the scale - if any - of his involvement in what is described as a culture of “avoidance and denial” is evident.
Spire Healthcare have stated that they are working with the General Medical Council and the Care Quality Commission, sharing their findings, and it is expected that both governing bodies will step in if (and when) it becomes necessary.
The above example, stemming from the conviction of a criminally negligent surgeon, is clearly one of the more serious events of negligent practice by a surgeon, or in the case of the two surgeons being investigated, potentially negligent actions. Sadly, however, this does occur and a medical practitioner does not have to be "criminally negligent” to inflict an injury.
MG Legal, your local medical negligence solicitor, handles a variety of medical negligence cases and it is quite often the case that those who approach this firm as victims of medical negligence, have not been harmed “intentionally”.
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The majority of medical negligence occurs by accident, as a mistake or a missed opportunity. This is known as civil negligence and, in much the same way that the driver of a car does not set up to bump into another care, these mistakes do happen, and this is the reason all medical practitioners - or their employer (and car drivers, of course) - are required to have insurance.
Most medical negligence is just that: a mistake. However, it does still cause an injury, and the effects of this injury can be significant. Medical negligence can be as simple as a doctor missing an obvious condition, misdiagnosing your illness or injury, mistakes during minor or major surgical procedures and a lack of proper follow-up to any conditions.
MG Legal, your local medical negligence solicitor, pursues claims for clients arising from all types of negligence and, whilst it was never the intention of the medical practitioner to injure their patient, this does happen and the law clearly provides a path for individuals to pursue an award for compensation, plus any associated financial losses such as lost earnings, care costs and medication costs.
Should you believe the standard of your medical care fell below that of a reasonably competent practitioner and you have sustained an injury, illness, infection or a delayed recovery period, you may be entitled to make a claim under the Clinical Negligence Protocols.
MG Legal, your local medical negligence solicitor, has offices in Garstang, Lancaster and Longridge and we aim to accept all medical negligence claims on the basis of a Conditional Fee Agreement (no win, no fee agreement). If you wish to discuss any matter with our team, please call, email or drop into one of our offices and one of the team will be happy to discuss your case in a discrete and professional manner.
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