Birmingham victims of convicted surgeon Ian Paterson can still sue
Recent press reports have suggested that new victims of convicted surgeon Ian Paterson, who was jailed in 2017, cannot bring claims as a result of a deal struck by about 40 law firms involved in the original clinical negligence case. This is not true. There are many expert medical negligence firms, including Pryers Solicitors, who are willing to act on behalf of victims.
This is important, as these victims were being treated for breast cancer, a slow growing disease that can take many years to emerge.
Ian Paterson had treated thousands of patients in his 14-year career in both the NHS and with private hospital chain, Spire Healthcare in Birmingham. He was found guilty of seventeen charges against nine women and one man. These ten represented only a small proportion of all Paterson’s alleged victims.
Most of his victims fell into two groups. Those who underwent removal of their breasts despite having no signs of breast cancer, and those on whom he performed “cleavage sparing mastectomies”. This was his own novel technique, removing just enough cancerous breast tissue. However, it left patients at high risk of their cancer spreading or returning.
The Court of Appeal handed him a 20-year sentence in August 2017. Then in the December of that same year, the Government ordered an Independent Inquiry into Paterson’s practice. Their aim was to make recommendations to improve patient safety.
Spire Healthcare told the Government inquiry that they had already “let them [Paterson’s patients] know what had happened and to assess if their treatment had been correct.” This recall was completed by Spire Healthcare by January 2015, yet in the Summer of 2018, a number of patients came forward stating they had never been recalled. After receiving severe criticism under the Inquiry, Spire reached out to a further 5,500 patients as part of a secondary recall.
At the same time, a group of about 40 law firms working with victims to bring clinical negligence claims against Spire Healthcare for the injuries they suffered under Paterson’s care. Those cases settled in 2017 under a £37m deal. As part of that deal, it has now emerged that those lawyers agreed not to bring any further cases against Spire Healthcare in Birmingham, for the victims of Ian Paterson for a period of 20 years.
According to Pryers Senior Solicitor, Tamlin Bolton, "This is an unusual agreement in clinical negligence claims, particularly as these victims were being treated for breast cancer, which is a slow growing disease that can take many years to recur. Recent press reports suggest that this means that new victims’ access to justice is diminished. This is not accurate. The only restriction is in the choice of law firm because some firms reached an agreement with Spire not to sue them again. Pryers did not agree to this settlement agreement, and we remain committed to fighting on behalf of clients to ensure maximum compensation."
Pryers Solicitors have considerable experience in both breast cancer claims and wrongful surgery claims and will assist new victims with their case.
Bolton concludes "All cases in medical negligence start from scratch each time, even if the Defendant remains the same. We are well aware of Paterson’s actions and the negligent treatments he adopted."
Read the full story here:
https://www.pryers.co.uk/victims-can-still-sue-ian-paterson/
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