Surgeon Used Penknife Instead of Sterile Scalpel.

As a clinical negligence solicitor, not a lot surprises me when I read articles about cases in the media. However, yesterday it was published that a surgeon at University Hospitals Sussex NHS Foundation Trust has used their penknife to open up a patient rather than a sterile scalpel, which the Surgeon usually uses to cut up fruit.

In clinical negligence, we use a term ‘never event’ which is exactly what it says - something which never should have happened. I would assume that this falls into this category.

University Hospitals Sussex NHS Foundation Trust has stated that although it was an emergency procedure, the surgeon’s actions were, unsurprisingly, “outside normal procedures and should not have been necessary”. The BBC did not name the surgeon, but it has been noted that the same surgeon carried out three low risk operations in a two month period and the patients died soon after the operation.

Sussex Police are currently investigating at least 105 cases of suspected negligence at the trust and are considering whether there is sufficient evidence to bring forward prosecutions for gross negligent manslaughter and corporate manslaughter.

The trust, which faced accusations of fostering a “culture of fear,” said it had launched investigations and implemented changes to improve safety. These measures include better communication with patients, enhanced end-of-life care, and improved processes for transferring care between sites.

There is sadly a prominent theme at the moment with trusts and heath boards having external investigations into the care that they are providing. It appears that this started off with maternity care and this has sparked investigations into other departments within trusts and health boards across the country, as can be seen at University Hospitals Sussex NHS Foundation Trust.

It is hoped that the investigations will be swift and provide an independent opinion in the best interests of the families that have been affected.

At Lanyon Bowdler, we understand the devastating impact that negligence can have for a patient and their family. If you have suffered due to poor care, our dedicated team are ready to provide the legal support you need and guide you through the process.