Medical Negligence Lawyers Call On NHS Trust To Confirm Remit Of Its Investigations

A man treated by suspended Maxillofacial surgeon Roger Bainton has spoken of his horrific ordeal for the first time and has called for answers about how it was possible for him to work unsupervised for so long, putting hundreds of patients at risk.

Simon Powell underwent multiple operations performed by Roger Bainton at the University Hospital in Stafford after suffering serious facial injuries in a motorcycle collision in 2005.

He has been told that Mr Bainton used an unlicensed artificial bone substitute called DBX to rebuild his sinus and nine years on, his face remains disfigured which he has been told will require further surgery.

Simon, from Highley in Shropshire, has now instructed expert medical negligence lawyers at Irwin Mitchell to investigate his treatment by Mr Bainton after previously being helped by the firm’s serious injury team who secured him vital care and rehabilitation funds following the motorcycle incident.

Specialist medical law experts are beginning investigations with University Hospital of North Staffordshire NHS Trust but say they are deeply concerned to see another example of a surgeon being left to his own devices, causing catastrophic consequences for patients.

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 claims in a number of schemes arising from the allegedly sub-standard treatment provided by Manjit Bhamra, a Consultant Orthopaedic Surgeon in Rotherham, Solihull Consultant Cosmetic Surgeon Ian Patterson, Worcester Consultant General Surgeon Sudip Sarker and Rod Irvine, a Consultant Gynaecologist in London.

University Hospital of North Staffordshire NHS Trust confirmed it was recalling 88 patients who were believed to be at risk earlier this year. This followed a review by the Royal College of Surgeons following Mr Bainton’s suspension by the General Medical Council (GMC) in February 2013, which found his patients had 'at least not been helped, and at worst have come to harm due to the standard of care provided'.

Irwin Mitchell, backed by Simon, is now calling for answers from the Trust about why Mr Bainton was employed and allowed to work unsupervised after being found guilty of gross professional misconduct by the General Medical Council (GMC) in 2000 after one of his patients died in Aberdeen.

Jenna Harris, is a medical negligence lawyer at Irwin Mitchell’s Birmingham office. 

Expert Opinion

Simon has been through an incredibly difficult time over the last nine years suffering horrendous injuries in a motorcycle collision which he has now been told may need further surgery as a result of the sub-standard techniques provided by Mr Bainton.

“Questions also must be asked about how he was allowed to perform treatments using products that are not approved for that use by regulatory bodies and how this could go on unnoticed for so long.

“Given the previous disciplinary action taken against Mr Bainton any concerns about his practice should have been investigated immediately and we believe he should have been supervised to ensure patients were not being put at risk.

“We would like confirmation from the Trust that all patients who could potentially have been put at risk have been contacted and offered further support, as well as confirmation about the remit of the Trust’s internal investigations so that past, present and current patients are reassured that the matter is being taken seriously and they will get the answers they need about what has happened. It is also to be hoped the findings will be shared throughout the NHS so they can be learnt from to prevent anything similar from happening again in future.”
Jenna Harris - Partner

Simon added: “I have been appalled by the details that have emerged about Mr Bainton’s surgery techniques.

“I put my faith in Mr Bainton and the hospital trust and believed I was in the safest possible hands but to know that was not the case has left me angry, disappointed and worried about what further surgery I may need.

“The injuries I suffered as a result of the motorcycle collision have been made worse rather than better after being treated by Mr Bainton. It feels as if I have been stuck in nine years of hell with constant pain and uncertainty about what my future holds.

“I just want answers as to how it was possible for such a widespread scandal to happen. The Trust must be open about its investigation findings as it’s the only way all of us affected will be able to accept what has happened.”

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