16 July 2015
Significant Progress Made in Ian Paterson Litigation
A small and dedicated team at Slater and Gordon Lawyers have been ploughing on with the Ian Paterson Litigation.
Dr Ian Paterson negligently treated several hundred women between 1993 up until his suspension by the General Medical Council in 2012. His suspension is on an interim basis until a full hearing takes place.
Working as both a private and NHS surgeon in the West Midlands, Mr Paterson carried out a huge number of unnecessary or incomplete breast operations as well as other surgeries after on occasion, misdiagnosing breast cancer.
He also employed a controversial “cleavage-sparing” technique and carried out incomplete mastectomies that led to many patients needing further surgery to remove cancerous tissue.
The Clinical Negligence team at Slater and Gordon Lawyers are helping several women who had unnecessary or incorrect procedures under the care of the disgraced former consultant, to fight for the compensation they rightly deserve. We are currently acting for 40 women and we have already settled claims for many more.
Does Mr Paterson have mental capacity?
This is an issue that caused many of the cases we are pursuing to be delayed because without capacity Mr Paterson cannot be forced to answer the claims being made against him.
In this circumstance, usually the official solicitor would step in as Litigation Friend, essentially someone to give instructions on behalf of Mr Paterson. However, the official solicitor has refused to act on cases where Mr Paterson’s indemnity funding had been withdrawn.
After numerous court hearings the matter has now been resolved and Mr Paterson’s attorney is currently considering, and in most cases agreeing, to act as Litigation Friend.
The parties to the litigation are in talks about submitting test cases to the court for issues such as vicarious liability and non-delegable duty of care to be resolved.
There is optimism that this is in the best interests for all parties, and while at the outset there may be some unavoidable delay, in the long term the process should make it much easier to progress and settle cases.
There will be further updates on this matter imminently, so please watch this space.
Nisha Sharma is a Senior Clinical Negligence Solicitor at Slater and Gordon Lawyers UK.
Our Medical Negligence Solicitors have won significant awards for patients who have wrongly been diagnosed with breast cancer and who have had breast tissue removed unnecessarily.
Call our Clinical and Medical Negligence Solicitors on freephone 0800 916 9049 or start your compensation claim online and we'll call you.