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16th December, 2002

" Not waving, but drowning"
                                                                     source: Stevie Smith  1902-1971

These
comments have been given to SIN by various people over the last few years: health commentators; health professionals; civil servants, the CHC, iatrogenic patients, their relatives  & members of the public. The sources remain confidential unless comments come from the public domain.

" My heart has been crushed,
 because my people are crushed;
I  mourn; I am completely dismayed
.
Is there no medicine in Gilead?
Are  there no doctors there?
Why then have my people not been healed?
Why then have my people not been healed?"
Jeremiah 7th/6thcentury prophet Ch. 8 vv 21 & 22 'Good News' translation
'Gilead', an area East of the Jordan, where medicinal herbs were grown, balms made and doctors trained - the NHS of Biblical times.
 

"The people at the top are very, very worried and the levels below are ****ful of fear ".
This comment was given to a member of SIN from an impeccable source shortly after the scandal of the Bristol Babies hit the public headlines in 1998. An Inquiry had been announced by the then Secretary of State for Health, Mr Frank Dobson. Presumably the levels below consist of doctors, Chief Executives of Trusts, Health Authorities and Regional Offices and some civil servants - those who have been covering up, turning a blind eye, to poor standards, malpractice and patient abuse over the years.
 
" The CHC is not the patient's watchdog, but the Trust's lapdog!"

Iatrogenic patient

"It is so difficult to complain when you will need medical care for the rest of your   life"              CHC  (twice)
"The best of luck, we can't get any complaint to stick"  CHC

"I advise you not to antagonise the medical profession"          Consultant
The patient in question was simply asking a reasonable  question which the consultant did not wish to answer. Apparently, by antagonising this one consultant, the patient was antagonising the whole medical profession!

" I understand that Mrs X is intending to make an official complaint. I have informed her GP that she will be given short shrift."     consultant 
This consultant obviously thought he was above the NHS Complaints Procedure - and he was!

" I can see how hopeless things may seem and how very hard it is to get the most powerful profession to change. But great changes are beginning to happen, thanks to efforts like yours.....I hope you succeed in your aims."   Health commentator

"Oh. that's very common"  Health commentator
This was made in response to a patient claiming that now they had been damaged it was proving impossible to get specialist care
. He was advised to go privately, move area, change his name, go abroad, and finally to go abroad change his name and then return under an assumed name.

" A bad doctor is better than no doctor. They are so expensive to train that we cannot afford to get rid of them"  civil servant

Confucius
: "He say: no doctor, better than bad doctor"

" Oh, I expect they have! They are at it all the time. .........."  
solicitor
Said by a solicitor specialising in medico-litigation in response to a patient claiming that their medical notes had been changed and  expecting the solicitor to be astonished at the idea.

" Medical litigation has nothing to do with justice. It has everything to do with politics and economics and the Health Authority will have a say in whether you get compensation"      solicitor

" To err is human,
To cover up is indefensible,
Not to learn lessons is inexcusable"
Seen by patient  pinned on a notice board  of an 'enlightened'? Trust

" O what a tangled web we weave, when first we practise to deceive!"
Sir Walter Scott 1771 -1832

" The medical profession's reputation is in free fall"
Member of the public

"The game's a bogie !"       iatrogenic patient

" My troubles almost exactly coincide with 'THE TROUBLES'. Unfortunately, there appears to be no end in sight for my troubles. When I think about it, I would rather have been injured by a bomb or a bullet. At least then I would have got some recognition, I would have received prompt, honest and compassionate medical treatment. I would have been entitled to some compensation as of right for my serious injuries."
Extract from letter dated 1998 from a lady severely damaged by botched surgery performed in September 1969

"I wish I could have my innocence back. I used to believe that British justice existed and was something to be proud of!".
Iatrogenic patient

 "When I walk down a crowded street or sit in a bar, I know I am different from  everyone else : they can all get medical care, I cannot.
Iatrogenic patient
"I feel as though I have walked through the looking glass, and I don't recognise the landscape"  
Iatrogenic patient

NHS Complaints Procedure
: What you ought to know!

"The present system of protecting NHS patients was a bit of a shambles"
 
Mr Frank Dobson, Secretary of State for Health, July 1999, Health Select Committee Inquiry into 'Adverse Medical Incidents & their outcomes' .

"..the purpose of the Complaints System is not to apportion blame..."
NHS Complaints Procedure, D.o.H Guidelines page 13 para. 4.28
SIN's Paper: 'The Patient's Voice For Equity' Section 4 'Empowerment via the NHS Complaints Procedure' para. 4.7 June 2000
In other words it is not to establish accountability

The  Independent Review process is not a disciplinary hearing....you ( Clinical Assessor) will not have been asked to consider disciplinary or negligence matters ....nor would your report be eligible to be treated as expert witness testimony in any legal case.... As an (clinical) assessor you will be offered indemnity by your appointing  Trust or Health Authority ..."
Independent Review: a briefing pack for Clinical Assessors  NHS Executive 'Indemnity' para 5.2 page 11
SIN's Paper 2: 'The Patient's Voice For Equity' Section 4 'Empowerment via the NHS Complaints Procedure' para. 4.3 & 4.4 June 200
Which professional engineer, called to assess the cause of the collapse of a block of flats, a bridge or a gas explosion, would expect to be given legal indemnity for his/her professional report so that he/she would not be held liable, no matter what 'nonsense' was written provided he/she could claim it was written in 'good faith'?

The Convener not only makes the decision ...whether a panel should be established to consider a complaint or not, but also....decides whether the complaint raises clinical issues....seeks advice ....from clinical advisers
Independent Review: a Briefing Pack for Clinical Assessors  NHS Executive
'The Convener' para 8.1 page 20
SIN's Paper 2 Section 4 'Empowerment via the NHS Complaints Procedure' para. 4.3 June 2000
SIN was informed from Quarry House D.o.H. that the Convener would seek clinical advice from the Medical Director of the Trust involved with the complaint. In other words, not only is the Convener, being a non executive member of the Board hardly independent , but the clinical advice sought hardly comes from an independent source.

Jan.4th. 2003 - continued....

" A Commissioner shall not conduct an investigation in respect of action in relation to which the person aggrieved has or had :- (b) a remedy by way of proceedings in any court of law." Health Service Commissioner's Act 1993
SIN's Paper 2 'Patients Voice for Equity'  Section 4 'Empowerment through the NHS Complaints Procedure' para 4.7 June 2000
In other words the inference can be drawn from this that the Health Ombudsman ( Health Service Commissioner ) is unable by law to investigate any serious matter, including clinical negligence, which has a remedy through the legal system. Does this explain why over 80% of cases being  submitted by patients to the Ombudsman are not investigated? Would it not be more honest to write to a patient that their case is so serious that the legal route is the only appropriate course of action and the Ombudsman is unable by law to investigate?

"...it is clear that the operation of the NHS Complaints Procedure does not comply with Article 6 ( Human Rights Act 1998). Particularly when relevant judgements of the European Court of Human Rights are considered. The First Stage of the Complaints Procedure, involving as it does, consideration of the complaint by the person complained about is clearly a breach of the requirement that there be a fair, independent and impartial hearing. Review Panels are arguably not independent or impartial. The way panel hearings are conducted does not comply with requirements of the Article. Complainants have no right to be represented. The delays, which often characterise the Complaints Procedure mean that matters are not considered within reasonable time. There is no adequate right of appeal to a higher court. The Health Service Commissioner does not fit the requirements of a suitable appellate body and the process of judicial review is not suited to consideration of the merits. The requirement that cases be heard in a public forum and judgements be made publicly available is not met in the majority of cases."  Association of Community Health Councils in England & Wales (ACHCEW)
From ACHCEW's document entitled "Implications of the Human Rights Act 1998 for patients & the CHCs". SIN's Paper 2 'Patients Voice for Equity' Section 11 Conclusion para 11.1 & 11.2 June 2000

"The right to a fair hearing" Article 6: "In determination of his civil rights and obligations....everyone is entitled to a fair and public hearing, within a reasonable time, by an independent and impartial tribunal, established by law. Judgement shall be pronounced publicly ...except where publicity would prejudice the interest of justice."  The Human Rights Act 1998 Article 6

"What possible use is an NHS Complaints System that:-
i. Cannot
 establish accountability ( i.e. apportion blame)
ii Cannot  deal with disciplinary issues;
iii. Cannot deal with clinical negligence;
iv. Cannot deal with any serious issue which demands a legal remedy;
v. Is unlawful, being a violation of our Human Rights to a fair hearing?"

SIN's Paper 3 " Balancing the Scales: A Case for  Victim's Compensation Fund"  para. 2.7 March 2002

"Furthermore, the people who deliberately devised such a deceitful, devious, iniquitous system resulting in a profligate waste of public money should be held publicly accountable. It is impossible to overstate the trauma and personal frustration of decent British citizens who have attempted in good faith to make use of this undemocratic and unlawful procedure."
SIN's Paper 3 " Balancing the Scales: A case For  Victim's Compensation Fund" Para 2.6 March 2002

"Trust hospitals and Health Authorities do have the power to expose very serious matters and the sanctions to instigate against any incompetent or malpractising health professional:
(a) disciplinary proceedings
(b referral to a professional regulatory body e.g.. GMC  or NMC ( Nurses & Midwives Council) for professional misconduct including clinical negligence
(c) criminal proceedings
(d) to call for an Independent Government Inquiry into any serious incident
....in practice these sanctions are rarely , if ever enforced"
NHS Complaints Procedure D.o.H Guidelines: section 4.32 p14 &
SIN's Paper 1 " The Emperor Has No Clothes" - critique of NHS Complaints Procedure. July/August 1999

" At the present time the NHS Complaints System is a confidence trick played on the trusting patient at the tax-payer's expense"
SIN's Paper 1 " The Emperor Has No Clothes" para 22 July/August 1999
to be continued.........

April 14th. 2003 continued....

" We are not as good as we would like to be. We  are not as good as you  think we are. We make mistakes and sometimes damage occurs. If damage occurs - let compensation be paid!" 
  Expert medical witness - Midland TV programme on medical negligence
Is this not the light at the end of the tunnel? This was a case of damage during birth leaving the child with multiple brain damage requiring 24 hour care. Fourteen years, several solicitors, several expert witnesses, a £140. 000 mortgage taken out on the family home  - later,  the mother won her case!!!! What a profligate waste of time and money, not to mention the injustice.

" We always knew our doctors made mistakes, but we thought they had a heart and cared about us. Now we know they make mistakes, but they have no heart."
Iatrogenic patient

" The British Medical Profession has lost its humanity"
Member of the public

"Your case histories shame the nation."
Member of the public

"Public flogging would be too good for doctors who deny care to seriously ill patients."    Member of the public

" How do they sleep at nights?"
"How can they live with themselves?"
 "How can they go home to face their families when they know what they are doing?"  

Comments made by  iatrogenic patients

" Did you know that within three years of qualifying about a third of new doctors have left the profession? It has nothing to do with pay or hours of work. It has everything to do with being forced to collude with incompetence and malpractice"
Health professional

"When I tried to report a colleague to the GMC for professional misconduct I, myself, was threatened with de-registration!"
Health professional

" When I joined the hospital Trust  I was told that my first loyalty must be to the Trust, the second to my colleagues and the patients came last."
Health professional

"In my first post as a junior doctor I was put in charge of  an Assessment Ward and told that on no account was I to  disturb the consultant or the Senior Registrar, but if I were really worried I could telephone the Senior House Officer."
Health professional

" I was concerned  about the poor performance of a colleague and reported the matter to my Line Manager. I was told that  it was my  problem - my standards were too high! Within six months I was told I was 'surplus to requirements' and I was made redundant.  I was forced to join the ranks of Locum Doctors. I have never been able to secure  another permanent contract as a consultant ."
Health professional

" When I was working as a young hospital doctor  I, and two other colleagues, became very concerned about a consultant who was causing harm to his patients. We made inquiries as to what we should do and were advised to consult the 'three wise men' of the Trust  who were very senior consultants. We discovered that one had died, one had left and the third was the very doctor against whom we had had the complaint!"
Health professional on a BBC 4 programme.

"A hospital Trust manager told me that the D.o.H. has assured all Chief Executives that whatever they choose to do, they  are guaranteed the  backing of  the D.o.H."
Iatrogenic patient

" Don't be surprised when you see that the government oppresses the poor and denies them justice and their rights. Every official is protected by the one over him, and both are protected by still higher officials"
Ecclesiastes Ch5 v8
"Plus ça change, plus c’est  la même chose"

" It is much easier for the Chief Executive of a Trust to get rid of a complaining patient, even one with serious health problems, than to get rid of an incompetent or malpractising doctor because the MDU immediately descends on the Trust, the doctor is supsended on full pay and it can take years  for the matter to be resolved."

Senior NHS manager

" You cannot tell me anything I do not already know  about doctors."
NHS Manager

"  When a patient complains - we retreat. When the patient complains again - we retreat. When the patient complains for a third time ....... the Russian winter sets in. Ha Ha  Ha!"
NHS manager
This 'joke' was reputed to have been made at a dinner for NHS managers. We have news for them - global warming has begun - there will be no more 'Russian winters'."

"  NHS Chief Executives are like a pack of cards: they get shuffled and re-dealt regularly. The trouble is - its a pack of 'jokers'."
Iatrogenic patient
This is in reference to the fact that Chief Executives are notorious for  not taking responsibility for their patients. Although they are paid by the NHS to provide quality medical care for all, they persistently fail  to protect  seriously ill patients from incompetent and malpractising health professionals.


" ..... Does our education prepare us for such atrocities? Do our laws connive at them? Could they be perpetuated without being known in a country like this, where social and literary intercourse is on such a footing, where every man is surrounded by a neighbourhood of voluntary spies, and where roads and newspapers lay everything open.....?
Jane Austen, Northanger Abbey
Unfortunately, the answer is - YES. The cover-ups have been going on for 5 decades, ever since the inception of the NHS.

To be continued.......























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