Expert Lawyers Representing Abuse Victims Welcome Review

Medical law experts at Irwin Mitchell have welcomed an action plan to ensure the safeguarding of patients after a GP was jailed earlier this year for filming himself sexually abusing female patients with a camera in his watch.

NHS England today (12 November) announced a series of improvements and new measures to prevent the ‘sickening’ crimes carried out by Royal Wooten Bassett GP Davinderjit Bains from ever being repeated again.

Bains was jailed for 12 years in May 2013 after pleading guilty to a total of 39 sexual offences and Irwin Mitchell is representing a number of his victims as they take legal action to seek support to help them overcome their ordeals.

The report revealed there were up to three reported concerns known to the Tinkers Lane Surgery practice in 2011 which were not investigated further through appropriate safeguarding arrangements such as seeking expert advice.

It recommended improvements across four key areas including the handling of complaints, chaperoning patients for intimate examinations, reporting and investigating serious incidents of concern and supporting and protecting staff who wish to raise concerns.

The surgery and NHS Wiltshire has now confirmed that all recommended actions have been undertaken and that lessons learnt will be shared across the NHS to prevent a similar atrocity from happening again.

Luke Daniels, a Partner at Irwin Mitchell is leading the legal action:

Expert Opinion

We welcome any review that looks to protect the safety of patients and we are pleased to see confirmation that a number of improvements have been made to prevent a similar atrocious catalogue of crimes from happening again.

“Our clients had many questions about how the scale of Bains crimes could go unnoticed for so long and the report suggests a lack of guidance on complaints procedures, chaperoning and supporting staff who have concerns may have contributed to this.

“We hope these issues will continue to be addressed and that the NHS as a whole works to the same standard to protect patient safety throughout its services.

“We will now continue to work on behalf of our clients to help them secure justice and gain access to the funds they need for counselling to help them overcome their ordeals.”
Luke Daniels - Partner

NHS Wiltshire wrote to patients of the surgery last year and a helpline was set up to help people affected. The offences were committed against 30 women - aged between 14 and 51 - between July 2010 and May 2012.

The seven point action plan drawn up by NHS England as detailed in the report released today included:
• Ensuring GPs within the practice are confident and supported in raising concerns about colleagues;
• Ongoing assurance through regular meetings with GPs regarding the implementation of good practice;
• Enhancing support to primary care for safeguarding across Bath, Gloucestershire, Swindon and Wiltshire;
• Ensuring actions are completed in a timely manner on chaperoning patients for intimate examinations, complaints, supporting and protecting staff who wish to raise concerns and reporting and investigating serious incidents of concern;
• Ensuring lessons learnt are shared widely and implemented across Bath, Gloucestershire, Swindon and Wiltshire;
• Ensuring lessons learnt are shared across the region and nationally;
• Meeting with affected patients to discuss their experiences and lessons learnt.

Read more about Irwin Mitchell's expertise relating to Abuse Claims and GP Negligence Claims.