Legal Loophole Could Mean Surgeon Was Not Injured To Perform Private Operations
Hundreds of the alleged victims of surgeon Ian Paterson may never receive compensation due to a legal loophole which could mean he was not insured to perform private operations.Mr Paterson worked at Spire’s Solihull and Little Aston clinic as a breast cancer surgeon from 1993 to 2012. He allegedly carried out unnecessary mastectomies on healthy women but also performed so-called ‘cleavage-sparing’ mastectomies where breast tissue for left.
Over 700 patients were recalled by the hospitals as part of a review by Spire into his work.
He was suspended by the General Medical Council in 2012 after being accused of performing the so-called ‘cleavage sparing mastectomies’ on women – which is an unrecognised procedure, leaving them at greater risk of the cancer returning.
Compensation claims are being pursued by many patients who he operated on at Solihull Hospitals, where he was a NHS consultant.
But hundreds of women who had the procedures done privately at Spire Hospitals in Solihull and Little Aston may not be able to pursue a claim as his private medical insurance may not cover any operations and will be subsequently deemed criminal..
West Midlands Police confirmed that the ‘complex’ investigation into Ian Paterson is still ongoing.
Expert Opinion
Mr Paterson took out insurance with the Medical Defence Union (MDU). However, the MDU have confirmed that they are not instructed by Mr Paterson, not authorised to accept service of any proceedings and that Irwin Mitchell’s clients ‘should have no expectation of any continuing MDU involvement in this matter’. <br/> <br/>“MDU cover is discretionary and may legitimately be withdrawn if a surgeon’s practice falls outside of the insurance terms. <br/> <br/>“This is a unique situation, where a private surgeon’s practices fall outside of their insurance cover, and there is no safety net for patients. <br/>“Our clients are aggrieved that they actually paid to undergo negligent treatment and, now that the negligence is known, they may have no recourse against Mr Paterson, his insurer, or the hospital where they received that treatment. <br/> <br/>“This is a deeply unfair set of circumstances whereby Mr Paterson’s patients who received treatment in the NHS are rightly receiving the compensation which they are due, but the patients who opted to pay privately may be left out of pocket for the treatment itself and without any compensation for negligent injuries identical to those suffered by Mr Paterson’s patients in the NHS.” <br/>