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LAMENT OF THE  IATROGENIC PATIENT Return to Our Comments
This lament is dedicated to all those patients who die form medical errors  every year and those who are permanently and seriously damaged.
(Sung to the tune of "Where have All the Flowers Gone")

Where have many patients gone,
Long time passing?
They've been damaged, every one,
Long time ago.
When will they ever learn?
When will they ever learn?

Where have damaged patients gone,
Long time passing?
*Somat-i-i-zed every one,
Long time ago.
When will they tell the truth?
When will they tell the truth?

Where have many patients gone,
Long time passing?
Gone to graveyards, every one,
Long time ago.
Who will speak out for them?
Who will speak out for them?

Where have all the good docs gone,
Long time passing?
Gone to Locums, everyone?
Long time ago.
When will they join with us?
When will they join with us?

Where have all the good docs gone,
Long time passing?
Gone to Australia, everyone,
Long time ago.
When will they honour **him?
 When will they honour him?

*"somatised"  comes from the word "psychosomatic" and means that patients are  imagining their physical symptoms.  Almost every iatrogenic patient will at some time have had the suggestion made that they should see  a psychiatrist; particularly if the damage is serious and a "cover-up" has started.

** Dr. Stephen Bolsin who was the doctor with courage and integrity who exposed the poor standards of paediatric cardiac surgery at the Bristol Royal  Infirmary, thereby saving the lives of babies and children. It is understood that he was effectively blacklisted in the UK having unsucessfully applied for posts at the City Hospital, Nottingham and Southampton hospital, he found he  was unable to obtain another post.  Hence, he had to emigrate to Australia  with his family where he has  been highly appreciated. Ironically, as  Britain lost to Australia one of its best and finest doctors because of the ***blame heaped on him by his fellow doctors for having dared to break  ranks and put patient protection before  allegiance to his colleagues; so Britain imported from Australia a paediatric cardiac surgeon to take over at the Bristol Royal Infirmary. Presumably, there was no other such surgeon suitable in this country! Since this surgeon has been at the BRI the death rate in the unit  has been  reduced to very low single figures.

***We were appalled to hear the comments reported to have been made  about Dr. Bolsin by British doctors on a Radio 4 programme.  Apparently an Australian colleague of Dr. Bolsin had been attending a medical conference in Europe, and when British doctors understood he was working with Dr. Bolsin,  asked  this doctor  if he were aware that he was working with the most hated doctor in Britain. When Dr. Bolsin heard what had been said, he replied, that all he had wished to do was to save the lives of babies and children. If that caused British doctors to hate him then,  surely, there must be something wrong with the mentality of  these doctors!

SIN suggests that Dr. Bolsin's name  appears in the next New Years Honours list. Gillian wrote to her MP with this suggestion in 1998, and received a letter from Mr. Alan Milburn stating that 
the suggestion had been sent to the appropriate department.

********



Return to Our Comments
20 th August, 2001
THE LAUNCHING OF THE NHS " NO BLAME CULTURE" - So what's new, pussy cat?

For more than a year there has been  promotion of the idea of establishing a "No Blame Culture" in the NHS which appears to have  had the full backing of the Medical Profession. Eventually , on Wednesday, 27th June 2001 a joint statement was issued  signed by Mr. Alan Milburn, Secretary of State for Health for the Department of Health , the Chief Medical Officer, representatives of the Royal Colleges, the  BMA,  the Chief Executive of the NHS and the GMC, to quote:
"...that honest failure should not be responded to primarily by blame and retribution"

SIN has had difficulty in defining  "honest failure ". What is "honest failure" as opposed to "dishonest failure" ? 
Where were the patients and their representatives when this document was signed?

SIN believes that for the last 50 years  a "no blame culture"  has been endemic  throughout the NHS.  For patients, who are the best whistle blowers when things go wrong, have found that their justifiable concerns have not been  addressed nor have they been able to establish any accountability  or the truth as to the  medical damage sustained, and many have been left without genuine specialist care. The present system has always protected the doctor at the expense of the patient:

    The NHS Complaints Procedure,  from a D.o.H. Guideline states :  " The purpose of the NHS Complaints Procedure is not to apportion blame " ( p13 para. 4.28) This must surely mean that since no one is to be held responsible, there can be no accountability and therefore no quality control?  Furthermore, The Independent Review  is not disciplinary or punitive in nature and is unable to refer anyone to the GMC. The final stage, the Ombudsman's Office, is unable to investigate any serious complaint for which there is a remedy in law.  What possible purpose  has such a Complaints system served? It has been a denial of our Human Rights to a fair hearing and, since October 2000 when the European Human Rights Act became Law , the present NHS Complaints System is officially unlawful and no one should be referred to it . (See SIN's Publications : "The Emperor has No Clothes - critique of the NHS Complaints System; & "  The Patient's Voice For Equity" sections 4 and conclusion).
  • There is no blame (accountability) or retribution( sanctions) within the NHS Complaints Procedure . There is no redress or justice for the patient
  • The  handful of damaged patients who can afford to resort to Law  or who  can obtain Legal Aid,   find that only a small number of this handful ever achieve success ( 17% according to Lord Woolf). Patients have for a long time been suspicious that the judiciary system has been weighted in favour of the medical profession.  These suspicions have been confirmed by Lord Woolf's Lecture when he exposed the fact that the judiciary system has been "excessively deferential "to doctors; giving them  "unwarranted automatic  assumption of  beneficence" and exposed the absurdity and gross injustice of the Bolam Test. Lord Woolf stated that "it was clear to the courts that the hospitals and the medical profession could not be relied on to resolve justified complaints justly  ( Read our summary of Lord Woolf's Inaugural provost lecture at University College London on 17th January, 2001 in "Our Comments"
  • For the vast majority of people using the Legal Route, there is no blame  (accountability) or retribution ( sanctions) . No redress or justice for the vast majority of the damaged patients. Nor is there any recording of medical errors, nor any effort to bring poorly performing doctors under scrutiny.
  • The Chief Executives  of Trusts and Health Authorities have always  had the necessary sanctions at their disposal to discipline a  poorly performing doctor ;or to send such a doctor to the GMC for clinical negligence; or to  instigate  a criminal investigation; or to set up a Formal Independent  Inquiry into an adverse medical incident whenever a patient lodges a serious complaint against a health professional.  Rarely, if ever, is any of these options taken. 
     WHO REGULATES THE CHIEF EXECUTIVES WHEN THEY FAIL IN THEIR DUTIES? Again, there is no blame ( accountability) or retribution ( sanctions) taken and the patient is left without redress,  justice and in many cases without genuine specialist medical care

    Patients attempt to go to the Department of Health itself in order to ask  the Secretary of State to set up an Inquiry if they believe that their  medical care has been seriously substandard and that indeed medical care has been denied, which is unlawful.  Such requests are sent to the Regional Offices and here, civil servants, simply rely on what the Trusts and the Health Authorities state. Never is the patient  allowed to make personal representation and in the experience of the damaged patients no one, either at the Trusts, Health Authorities or Regional Offices are prepared to undergo a thorough, impartial and accurate investigation of patients' serious complaints. In fact the evidence suggests that the Trust/ Health Authorities and the Regional Offices have only one aim and that is to put as many secure lids as possible on serious medical errors, because as Lord Woolf conceded in his lecture:  the  major goal of the  NHS since its inception , was to keep  down compensation paid to patients through poor medical practice, regardless of this being a  gross injustice to  damaged patients.
    WHO REGULATES THE CIVIL SERVANTS  WHEN THEY FAIL IN THEIR DUTIES TO SUPPORT  JUSTIFIABLE INQUIRIES INTO PATIENT ABUSE? Again, no blame (accountability) or retribution (sanctions)  and no justice for  the damaged patient trying to negotiate this bureaucratic maze

    A few patients attempt to use the GMC to expose sub-standard and malpracticing doctors but with very little success, since the percentage of doctors having sanctions taken against them is extremely low (e.g. in one year  13 doctors out of the 2000 complaints received were struck off  (0.65 %), and then for only 10 months when they could  re-apply for registration). This is a disgracefully low figure when one considers that 68,000 unnecessary deaths are  occurring per year  and 170, 000 patients are left permanently damaged annually by medical errors.  It would be naive, taking these figures into account, to believe that this tiny proportion of  13 in one year reflected the true number of  negligent and malfunctioning doctors. Certainly, the GMC  has lost credibility and public confidence.
     WHO REGULATES THE GMC? WHY IS  ANY DECISION REACHED BY THIS BODY "FINAL", AND WHY CAN  ONLY  PROCEDURAL MATTERS BE SUBJECTED TO A JUDICIAL REVIEW?  Only  minuscule blame( accountability) and retribution  (sanctions) achieved by patients using this Public Body.

    Surely, what has been described above, to all intents and purposes, has amounted to a NO BLAME CULTURE FOR THE MEDICAL PROFESSIONS , NHS MANAGERS & CIVIL SERVANTS.???? 
    For too long patients have suffered the backlash from this  which has trapped them in  an ensuing culture of denial and cover-up. What possible good has this state of affairs achieved either for patients or for the medical Profession?  SIN maintains  that for years there has been no accountability and hence no quality control and our standards of medical care have reflected this, since in many specialities we have the lowest standards in Europe. 

    ********


    20th. August, 2001
    Semantics of the No Blame Culture

    SIN takes exception to the use of emotive words such as "blame" and "retribution". The use of such words serves no useful purpose, in our opinion.
    The dictionary definition of "to blame"  means:
    "to be held responsible for anything which goes wrong." " to be held accountable" 
    "retribution" means: recompense, repayment,  punishment, sanctions, penalty

    Are the Secretary of State for Health, the BMA, the GMC and the D.o.H. really advocating that they want a culture of no responsibility and no sanctions when things go seriously wrong in the NHS? What role would the GMC have in such a culture? This document was signed without any consultation with  patients. How can this be squared with the Sec. of State for Health's  repeated statements of the need for patient empowerment and patient participation?? Nor was there any mention of the obligation to inform the patient who had been a victim of a medical mistake.

    Sin and, we believe, most patients wish to see a culture of personal responsibility and accountability with sensible remedial actions/ sanctions when things go seriously wrong, with  patients being fully informed. Sensible sanctions can be an effective way of encouraging people to conform to a code of conduct. According to Prof. Alberti, President of the Royal College of Physicians, a report from Chesterfield showed 150% increase in error reporting by threats of disciplinary action!  Although Prof. Alberti said:  "apparently effective, but perhaps not the best approach", the damaged patient may think otherwise.

    SIN believes  that  when an individual health professional is unwilling to report a medical error or is  unaware that an error has occurred, and  when informed continues  to be  unwilling to acknowledge it, then it should be mandatory that all other health professionals, aware of the error,  report it immediately. 
    Individual responsibility is a moral obligation

    ********


    20th August, 2001
    Below is the Joint Statement   agreed upon by the Government and representatives of the Medical Profession on how standards of care will be raised in the NHS.
     

  • The seven point pledge of  this joint declaration is as follows:
  • 1.To continue to show a commitment from the top to implementing the programme of quality assurance and quality improvement.

    2. To take every opportunity to involve patients (sic)and their representatives in decisions about their own care and in the planning and design of services.

    3. To work towards providing valid, reliable, up to date information on the quality of health services. 

    4. To work together  in determining clinical priorities.

    5.  To create a culture within the NHS which is open and participative, where learning, and evaluation are  prominent  and which recognises safety and the needs of patients as paramount

    6.  To recognise that in a service as large as the NHS things will sometimes go wrong. Without lessening commitment to safety and public accountability of these services, to recognise that honest failure should not be responded to primarily by blame and retribution, but by learning and by a drive to reduce risks for future patients.

    . 7.To recognise that the professions and the Government share a common interest and commitment to improving the quality of services  for  patients. Minor disagreements  on points of details must not be allowed to obscure this  common goal.

     SIN believes that there should be two additional pledges:

    8.  To ensure that the patient is fully informed if an error has occurred, and given  an accurate assessment of any  damage sustained..[ see SIN's "Aims & Objectives no.5]

    9. To recognise the rights of patients themselves  to report medical errors to the new national system of reporting mistakes and near misses [ The National Patient Safety Agency] This Agency , as reported in both  the Guardian & the Independent, 18th April, began work in July 2001.

    SIN hopes that the long standing "no blame culture" which has existed until now, will be replaced by one of openness and honesty,  underpinned by  accountability and personal responsibility throughout  the Heath Service. Certainly this pledge suggests that, in spite of some couched language,  the stage is set for a change of approach to  medical mistakes and near misses. The proof of the pudding, for the iatrogenic patient,  will be in the eating! 

    *******


    20th August, 2001
    Confirmation: "the no blame & cover - up culture"  has flourished for years
    CULTURE OF COVER-UP IN THE NHS

    A culture of cover-up IS a "no blame culture" without accountability. What follows is verbal confirmation that this was the case pre-Bristol Babies Scandal.

    "TODAY" PROGRAMME, RADIO 4, THURSDAY 22ND. OCTOBER 1998, 7.18AM
    INTERVIEW ON BRISTOL SURGEONS Re: INQUIRY INTO TRAGEDY OF BRISTOL BABIES (  this is a short extract)

    Sue MacGegor interviewsWinston Peters, President of Hospital Consultants & Specialists Association 

    Sue Mac:.....Winston Peters, who is President of the Hospital Consultants & Specialists Association. Mr Peters, you know that there are, and obviously from people who are related in some way to the victims - heart felt hopes that there will be a culture change. What can you say about that?

    Winston P..... The Profession has a very positive desire to see patient care improved. A few years ago *"whistle Blowers" were condemned by managers, by doctors and by government. **Now they are being heard early, action is being taken. But you have to remember that THERE WAS A PREVIOUS CULTURE WHERE THESE PEOPLE WERE SUPPRESSED

    [Unfortunately, our members are finding that nothing has changed post - Bristol]

     Sue Mac: Well, there was a culture where the medical Profession policed itself, wasn't there? And lay people who had an interest in matters like this were often pushed to one side?

    Winston P: THAT IS TRUE.*** The profession is working with the government to develop institutes which produce guidelines for clinical excellence - these will be policed by another organisation that has wide ranging powers and directly reports to the Secretary of State.......there is a 10 year programme starting now, in fact it started a year or so ago, to regulate the way the profession is monitored and the profession is taking steps itself.......

     Footnotes:
    * patients & their relatives are some of the best whistle- blowers and they too have been suppressed. They have been treated in  the same way as whistle blowers of the medical profession. Doctors who whistle blow  suffer a character assassination  and  lose their careers.  Patients  who whistle blow about serious sub-standard care also endure a character assassination and end up putting their medical care in jeopardy - many seriously ill patients are being denied care in the NHS today because some doctor got it wrong!

    ** This is simply not true  eg.1999 & 2000 Prof.Peter Dawson,& Dr. Anil Jain. Whistle blowing doctors ( & nurses) are still suffering and are not being heard

    ***Many statements are being made, but few are being implemented on the ground!

    ********


    20th August, 2001

    The Aviation Analogy

    With the need to report and record adverse incidents within the medical profession comparisons have been drawn with the aviation industry where such reporting of adverse incidents is standard practice. However, the pilots and aviation personnel have  much more incentive to report such incidences given that their own lives are as much at risk as the passengers who fly with them. This is obviously not the case with the medical profession. And indeed, the past scandals of Rodney Ledward, Richard Neale  the Bristol  paediatric cardiac surgeons revealed that many of their colleagues and nurses were fully aware for years of adverse incidents relating to these doctors and yet failed to report these matters of grave concern  to the appropriate body, thereby colluding with and being responsible for  the unnecessary deaths and damage of many patients.

    It is estimated that 68,000 deaths per year occur in our hospitals due to medical errors. It is claimed that half of these patients would have died anyway because they were terminally ill, however, that still leaves 34,000 who die each year unnecessarily! This amounts to two jumbo jets crashing every week ( not to mention the 170,000 estimated permanentlly damaged patients per year). If this were to happen in the aviation industry  people would be in the streets and demanding an overhaul of this industry!. Therefore, the analogy with the aviation industry has limited usefulness. 

    Perhaps a better analogy would be with the car repair business. Certainly if 68, 000 people were loosing their lives on the roads every year  because of errors made by car mechanics, then would the  victims' families and the Dept. of Transport be condoning and signing up for a  no blame culture? ( There are between 3000 and 4000 deaths on our roads annually, very few being reported as due to poor or incompetently carried out mechanical  repairs).However, great efforts are made  in advertising etc. to reduce this number and a proper investigation, with all witnesses' testimonies carefully logged, is carried out every time one occurs, to establish accountability, with action being taken where appropriate against the responsible  parties.  This would include any mechanic whose faulty repair was judged to have caused the accident.

    ********

 
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