Clinical negligence claims against surgeon

10/07/2007

Ally Taft, Solicitor in the Medical Law and Patients Rights Department in Birmingham has reported a breast surgeon to the General Medical Council (GMC), following a series of clinical negligence claims against him.

Mr Brian Gwynn, who operated privately at Rowley Hall Hospital, and on the NHS at Staffordshire General Hospital, both in Stafford, was ordered to appear before the GMC's Interim Orders Panel (IOP), which has now imposed an 18-month ban on him carrying out any breast surgery either privately or on the NHS.

The first clinical negligence claim against Mr Gwynn was brought by Tracey Todd, who sought damages following her breast reduction operation, which left her with horrific wounds, serious infections, and badly scarred breasts of different sizes. She required corrective surgery on the NHS. Mrs Todd was keen to publicise her case, assisted by Irwin Mitchell's marketing team, and as a direct result, five more women came forward, all of whom had suffered very poor outcomes following operations by Mr Gwynn.

After gathering sufficient expert evidence on the cases, there were clear concerns about Mr Gwynn's operating practices and a report was therefore made to the GMC's Fitness to Practice Directorate. Its investigations are ongoing and there has been no finding against Mr Gwynn as yet, but the seriousness of the cases has prompted the GMC to impose an Interim Order, effectively prohibiting Mr Gwynn from performing any breast surgery.

Three out of the six clinical negligence claims have been settled and three are still ongoing.

Making a clinical negligence claim

Irwin Mitchell handles more clinical negligence claims than any firm in the country and achieves resolution in most of those, whether or not the case eventually reaches court (90% of cases are settled before reaching this stage).

We will investigate the case using your recollection, your medical records and expert medical opinion to assess the quality of care that you received. All the arrangements for medical assessment will be handled by us so you don't need to worry about that. 

We can get Legal Aid from the Legal Services Commission for you to pursue any medical negligence claim if you are financially eligible.