Consultant surgeon Ian Stuart Paterson has been convicted of almost 20 counts of wounding with intent and unlawful wounding against nine women and one man treated in the private sector.
Paterson has cost the NHS almost £20m, with £9.5m of damages being paid out following claims from nearly 800 of Paterson’s patients.
Paterson performed several biopsies and mastectomies that patients later discovered to have been unnecessary. Patients have reportedly claimed that Paterson either exaggerated or fabricated their risk of cancer and occasionally claimed payment for more expensive procedures than those that had actually been performed.
In 2003, Paterson was investigated due to concerns surrounding his “cleavage-sparing mastectomies” (CSM). This refers to a controversial procedure carried out by Paterson that left women with breast tissue after the removal of cancerous cells in order to allow women to maintain their cleavage. Leaving breast tissue behind after a mastectomy leaves patients at risk of secondary cancer – a Freedom of Information request made by the Press Association revealed that 68 women who underwent a CSM procedure by Paterson on the NHS went on to develop a recurrence of breast cancer. In 2007, Paterson was instructed to stop the cleavage-sparing mastectomies. The following year, GPs complained that Paterson was providing misleading information about pathology reports and over-treating patients, and in 2009 a patient made a formal complaint against the surgeon. It was not until 2011, however, that a total recall of all of Paterson’s patients was initiated.
Several women have spoken about the physical and emotional turmoil they suffered at the hands of Ian Stuart Paterson. One patient, Debbie Douglas, was diagnosed with breast cancer and subject to a seven-month course of chemotherapy and a cleavage-sparing mastectomy that left Douglas in “horrendous” pain. Paterson then reportedly recommended reconstructive surgery involving taking part of the patient’s stomach muscle and using it to shape the new breast. Douglas later learned that her cancer was not serious enough to warrant either a mastectomy or chemotherapy, meaning that she could have been spared the severe pain that she suffered and the cost of her surgery that exceeded £100,000.
Jurors at Nottingham Crown Court came to the decision that Paterson carried out “extensive, life-changing operations for no medically-justifiable reason” and Detective Inspector Caroline Marsh of West Midlands Police accused Paterson of receiving “some perverse pleasure from these practices.”
Rebecca Thomas, Director of Clinical Negligence at Duncan Lewis states:
“Mr Paterson knew that surgery was not necessary but he nevertheless carried out operations. Thankfully, incidents such as this are extremely rare and cases involving unnecessary treatment or surgery are unusual. This case highlights the fact that the current appraisal system is inadequate and needs to be reviewed and updated. Some private healthcare providers do not operate an appraisal system simply relying on the appraisals undertaken by the NHS. This case highlights the fact that this situation cannot be allowed to persist”.
Rebecca Thomas is a Director of Clinical Negligence at Duncan Lewis. Rebecca has over 20 years’ experience in her field and represents clients in a wide range of cases including claims involving cosmetic and dental negligence, surgical and orthopaedic injuries arising from delay, misdiagnosis or negligent spinal surgery, gastrointestinal and ophthalmic surgery.
Duncan Lewis Clinical Negligence Solicitors
The Duncan Lewis Clinical Negligence team has significant experience acting in a vast array of claims including unnecessary surgery claims, accident and emergency failures, GP negligence claims, misdiagnosed fractures and wrongful death claims. They also act for children and adults who have suffered profound and permanent brain, spinal or neurological injuries and associated disabilities as a consequence of failings in medical care in both NHS and private hospitals. If you believe your doctor has made a mistake and wish to claim compensation or have any questions about treatment you have received, please do not hesitate to contact our team of specialist clinical negligence solicitors on 0333 772 0409.