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Ian Paterson Litigation Update

By Senior Associate, Clinical Negligence

For nearly two decades, from 1993 to 2012, Dr Ian Paterson carried out a massive amount of incomplete breast operations on women in the West Midlands. He performed lumpectomies and lymph node removal when it was not needed in addition to undertaking cleavage sparing mastectomy (an untested surgical procedure) on vulnerable women.

After informing you about the significant progress made in the Ian Paterson litigation it is time for another update. In this update, we will inform you of the issues that are likely to be decided by the court within the next 12 to 18 months.

The Royal Courts Of Justice

A recent court hearing that was held before Lord Justice Foskett in the Royal Courts of Justice, determined that test cases will proceed to trial to deal with several issues.

Heart of England NHS Trust

The Heart of England NHS Trust is a world leader in tackling MRSA infections but also treats patients suffering a wide range of illnesses from Solihull Hospital, where Mr Paterson practiced as well as other places such as the Birmingham Heartlands Hospital, Good Hope Hospital and the Birmingham Chest Clinic.

One of the issues raised was whether the Heart of England NHS Trust owed a duty of care to Mr Paterson’s private patients.

Spire

Spire is a UK private hospital network that specialises in cosmetic surgery. One of the issues raised was whether Spire owed a duty of care to Mr Paterson’s private patients.

If The Heart of England NHS Trust and Spire did owe a duty of care to Mr Paterson’s private patients the question that must be asked is: Did Spire and Heart of England NHS Foundation Trust breach that duty of care by failing to stop Mr Paterson practising sooner?

Responsibility

If Spire and Heart of England NHS Foundation Trust are found liable to pay compensation to Mr Paterson’s private patients, then it must be decided what proportion of the damages they are responsible for.

This is extremely good news for all the people who have cleavage sparing mastectomy surgery compensation claims outstanding as it means that at last progress is possible.

Nisha Sharma is a Senior Clinical Negligence Solicitor at Slater and Gordon Lawyers UK.

The Medical Negligence Solicitors at Slater and Gordon Lawyers UK have won significant awards for patients who have wrongly been diagnosed with breast cancer and who have had breast tissue removed unnecessarily.

For a free consultation call our Clinical and Medical Negligence Solicitors on freephone 0800 916 9049 or start your compensation claim online and we'll call you.

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