Medical Law Specialists Agree Process For NHS to Review Claims

Medical lawyers at Irwin Mitchell have agreed a process with the NHS to review the cases of 88 hip and shoulder patients taking legal action after suffering complications following treatment by the same surgeon.

The agreement will help ensure that patients concerns are dealt with as quickly and efficiently as possible, ensuring they receive the support and rehabilitation they need as some have been left with permanent disabilities and have been forced to quit work.

Most of the cases relate to hip replacement and shoulder surgery performed at Rotherham Hospital carried out by Orthopaedic Surgeon Mr Manjit Bhamra. Many of these have already undergone revision treatment placing extra pressure in terms of cost and time on the NHS.

But Irwin Mitchell is also representing a smaller number of patients who suffered problems after treatment at Pinderfields General Hospital in Wakefield and Goole Hospital in Lincolnshire involving the same surgeon and these are also included in the agreement .

Since details of five claims against Rotherham NHS Foundation Trust were first revealed last August, Irwin Mitchell has settled five claims and specialist medical lawyers at the firm have sent details of 88 further potential claims to the NHS to be reviewed.

The aim of the agreement is to ensure that the patients have access to justice and that the costs payable by the NHS are minimised. The process provides a timescale for each stage of the investigation and a guarantee that any relevant potential claim notified under the process will be investigated. All claims brought under the protocol will receive a detailed response within a set period from the NHS confirming the position on liability.

Tim Annett, a specialist in the medical law and patients’ rights team at Irwin Mitchell, said: “Having already concluded 5 cases on behalf of clients who suffered complications after surgery by Mr Bhamra, Irwin Mitchell has now agreed a protocol for further cases to be investigated on behalf of clients who have experienced difficulties following surgery by the same person. We have currently submitted 88 cases to be reviewed.

“As a firm which has repeatedly stressed the need for patient safety to be the top priority in the NHS, we are naturally very concerned that we are currently investigating 88 cases involving the same surgeon. It is too early to make further comment, as cases currently going through the protocol are at early stages and need further investigation by ourselves and the NHS.

“We wholeheartedly welcome close co-operation from the NHS and the NHS Litigation Authority in agreeing this method in the interests of our clients. This couldn’t have been achieved without goodwill on both sides. Our focus now is on working towards an early resolution for each of the clients we represent so they can move on with the rest of their lives.”