Protocol set up to investigate negligence cases arising from gynaecology and obstetrics treatment at the University Hospitals of Derby & Burton NHSFT

by Catherine Slattery, Millie Bolsover, Katie Thumwood and Tim Annett, medical negligence experts at Irwin Mitchell

Irwin Mitchell has agreed a formal scheme with the University Hospitals of Derby and Burton NHS Foundation Trust to investigate clinical negligence cases arising from gynaecology and obstetrics treatment received at the Trust.

We are representing a number of patients who were treated by gynaecologist Dr Daniel Hay while under the Trust's care.

What the scheme means to patients

The scheme will allow claims to be dealt with as quickly and efficiently as possible and in a consistent manner. It will give reassurance to those affected that their cases are being taken seriously.

By working collaboratively with the NHS, the scheme will allow legal cases to be concluded more swiftly, allowing women to try and look to the future as best they can. It will also be possible to avoid the uncertainty, additional distress and cost associated with litigation.

Expertise in handling such cases

Irwin Mitchell has previously pioneered similar successful schemes with the NHS where individual or Hospital Trusts have been facing multiple claims. These have included patients affected by breast cancer surgeon Ian Paterson, orthopaedic surgeon Manjit Bhamra in Rotherham, gynaecologist Rod Irvine in London, and gynaecologist Rob Jones in Cornwall and consultant colorectal surgeon Anthony Dixon in Bristol.

Derby and Burton NHS Trust gynaecology investigation

Derby and Burton NHS Foundation Trust previously released an interim Report of Investigation into the ongoing obstetrics and gynaecology review. The review concerns the practice of former specialist consultant benign gynaecologist Mr Daniel Hay between 2015 and 2018 and 383 women’s notes are being reviewed.

The interim report review found that for 50 women there is major concern that they are likely to have been harmed as a result of care given by Mr Hay, with a further 69 women who were potentially harmed. The full report is due to be published in 2022.

Examples of the harm include hysterectomies or sterilisation where there was no documentation regarding any trial of medical treatments prior to surgery or any documentation to explain the rationale for a surgery-first approach.

The Gynaecology Review Claims Protocol covers all patients or families of deceased patients contacted by the University Hospitals of Derby and Burton NHS Foundation Trust following its 2019 review of gynaecology surgery and/or as part of NHS Improvement’s review of gynaecology surgery and obstetric on-call cover. 

Find out more about Irwin Mitchell's expertise in supporting patients following issues in surgery at our dedicated medical negligence section.

The scheme will allow complaints to be dealt with as quickly and efficiently as possible and in a consistent manner. It will give reassurance to those affected that their cases are being taken seriously”