NHS Trust Recalls 88 Patients To Offer Review Of Treatment

More than 80 patients of senior surgeon Roger Bainton, who worked at The University of North Staffordshire NHS Foundation Trust, have been recalled to have their treatment reviewed.

The NHS has written to 88 patients potentially injured by the Consultant Oral and Maxillofacial Surgeon who was suspended in February 2013 after concerns were raised by fellow surgeons in relation to his treatment methods.

In an investigation into the care provided, the Trust identified that the patients may have suffered injury whilst under Mr Bainton’s care and has invited them back for a review of their condition following the treatment.

Now specialist medical negligence and product liability lawyers at Irwin Mitchell say they are concerned about the high number of people affected and have welcomed the investigations into how he was able to carry out treatment using unregulated products.

A statement released by the Trust revealed:

• 19 of the recalled patients underwent operations on the eye socket when either a more watchful approach should have been applied or there should have been more prior consultation with colleagues drawn from a range of different disciplines. 
• 36 patients had open surgery for conditions of the temporomandibular (jaw) joint. Where more conservative, non surgical measures should have been adopted
• 33 patients may have suffered damage as a result of the “off licence” use of an artificial bone substitute, DBX. The patients, who had suffered severe damage and fracture of the eye socket following an accident or injury were treated using DBX as an implant to support the lower part of the socket, in spite of the fact that the product is not recommended for that use by the regulating body, NICE.

In some instances, patients underwent more than one procedure as a result of the premature absorption of the bone substitute, which the Trust believe may have lead to excess scarring in and around the eye.

The allegations against Mr Bainton join a list of enquiries into the practice of individual surgeons within hospital Trusts. Specialist lawyers at Irwin Mitchell are currently dealing with compensation claims in a number of schemes arising from the allegedly sub-standard treatment provided by Manjit Bhamra, a Consultant Orthopaedic Surgeon, Consultant Cosmetic Surgeon Ian Patterson and Rod Irvine, a Consultant Gynaecologist in London.

Irwin Mitchell lawyer Matthew Newbould who specialises in medical negligence claims involving large groups of patients and/or faulty medical devices and products says it is crucial that patient safety is the number one concern.

He said: “The most important thing now is to make sure that any patients affected get the specialist help and support they need – especially if they are found to have suffered unnecessary injuries due to the wrong or negligent treatment.

“While we welcome the action by the NHS to review Mr Bainton’s patients, it is worrying that so many are believed to have been affected and questions must be asked about how he was allowed to perform treatments using products that are not approved for that use by the regulatory bodies.

“The victims and their families will want to know what went wrong; and we hope that the official investigations will provide a proper explanation of how this could happen.”

Irwin Mitchell’s medical negligence and product liability solicitors have extensive experience in dealing with injuries arising from negligent surgical procedures and defective medical products.

If you would like to discuss your concerns, or feel you may have suffered injury as a result of surgical treatment or a defective medical product, please contact us on 0370 1500 100.

Read more about Irwin Mitchell's expertise in Defective Medical Product Claims.