The High Court has today approved a new fund to compensate further patients who have been identified by Spire Healthcare as receiving unnecessary or inappropriate surgery from Mr Ian Paterson. The High Court have also removed restrictions that prevented solicitors who had previously represented patients in litigation against Mr Paterson, meaning Shoosmiths is able to represent any patients who have been affected.
Ian Paterson is currently serving a 20-year prison sentence and around 750 patients have already received compensation from a previous litigation fund. There is also an ongoing inquiry into the practices of Ian Paterson, and the institutions he worked for, which Kashmir Uppal, experienced medical negligence solicitor and partner at our Birmingham office, gave evidence to. One of the recommendations of the Inquiry was that all patients treated by Mr Paterson, both in the NHS and private sector be recalled and their treatment reviewed.
Towards the end of last year Spire Healthcare began sending letters to patients inviting them to attend virtual consultations where they were advised that they had received unnecessary or inappropriate treatment. Due to restrictions previously placed by the High Court, Shoosmiths were unable to investigate claims, however Kashmir Uppal wrote to Spire Healthcare to confirm the restrictions needed to be reconsidered to ensure patients had access to justice and could receive compensation for their claims.
Spire Healthcare Group made an application to the High Court, which was considered today, and the restrictions have been removed. One such client to contact us is Elizabeth Webb and, although we have not been able to assist until today, we can now investigate her claim and move it forward. Elizabeth has said:
“I am really pleased that Shoosmiths Solicitors have been released from the undertaking and can now advise me in relation to seeking to make a claim to the new fund. The experience and specialist knowledge of Kashmir and her colleagues, will assist me and anyone else in my position securing the right level of compensation and redress for the trauma we have been through”
Kashmir Uppal has stated “I first began investigating Mr Paterson in 2010 when I noticed irregularities in patient records and acceptable practice for recurrence of cancer following a mastectomy. It perhaps does not come as a surprise to me that further patients than initially suspected had been affected. I know from previous clients that I have represented the impact Mr Paterson’s actions had on them at the time and continue to have and I am pleased a new compensation fund is being set up to enable people like Elizabeth and the other clients who have approached us to access to justice they deserve. It is important that anyone affected comes forward now as there will be no further opportunities to seek redress for Mr Paterson’s actions.
Lesley Cuthbert is a former Mr Paterson patient, she confirms:
“Mr Paterson told me I had cancerous cells in my right breast and pre-cancerous cells in my left breast. He told me I needed an operation as soon as possible. I underwent surgery and underwent a number of check-ups over several years. As it turns out, I did not need the surgery he had undertaken. Kashmir was absolutely fantastic in progressing my claim, her support was wonderful and if it hadn’t been for Kashmir, this case may never have come to light. All the hard work she did getting the women and men to come forward was incredible and she put so much work into it. I could not thank her and her team enough”
If you have received a letter from Spire Healthcare or are concerned about the treatment you, or a family member has received, please contact Kashmir Uppal on 03700 86 4375 to arrange a telephone call or Zoom consultation.
This information is for educational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given. © Shoosmiths LLP 2022