￡10m settlement for children misdiagnosed with epilepsy
http://www.100md.com
《英国医生杂志》
BMJ Clare Dyer legal correspondent
A High Court judge last week approved a unique settlement scheme that is expected to produce a total of around ?0m ($18m; �15m) for nearly 500 children wrongly given diagnoses of epilepsy or who were incorrectly treated for the condition.
Mrs Justice Cox said she would "happily give approval" for the innovative process, which will speed up compensation claims for the families of children wrongly treated by the consultant paediatrician Andrew Holton at Leicester Royal Infirmary between 1990 and 2001.
Dr Holton, who worked alone in the role of paediatric neurologist even though he lacked the specialist training, gave a wrong diagnosis in about a third of his cases, according to a review of the cases (BMJ 2003;326:355). Parents claimed he turned their children into "zombies" with high doses of anticonvulsants and steroids.
Jean Ritchie QC, for the University Hospitals of Leicester NHS Trust, told parents in the public gallery at Nottingham County Court: "I want to apologise publicly and in open court for the suffering, trials, and tribulations that so many children, parents, and carers have gone through as a result of Dr Holton抯 misdiagnosis or mistreatment over a period of 11 years.
"I accept that it抯 easy to say, but I tell you the words are heartfelt. We are sincerely sorry, and I do express profound apologies to each and every child affected.
"I must go on to recognise in public that the trust did not listen to warnings as it should have done and did not act as quickly as it should have done."
The new dispute resolution scheme was negotiated by Freeth Cartwright and Alexander Harris, the two law firms representing most of the families, and Browne Jacobson, acting for the NHS Litigation Authority, after the health service admitted liability.
A panel of experts will consider each individual case, and lawyers will use their assessment to value the claims. Parents will also get the chance to question the panel about their children抯 experiences.
Paul Balen, of Freeth Cartwright, said: "Right from the outset we were aware that involvement of the parents in the resolution process was critical. Parents have a key part to play in this case.
"They frequently felt they had let down their children because they had accepted the diagnosis and treatment given by Dr Holton. Many parents described how their children were reduced to drug induced zombies. They had lost years of joy in watching their child抯 formative years."
Steve Walker, chief executive of the NHS Litigation Authority, said: "Our main concern has been to ensure these difficult claims were properly investigated and valued with as little additional stress to the children and their families and carers as was humanly possible.
"This could only be achieved with a high degree of cooperation between the parties and their lawyers and the willingness of experts to participate in the process.
"The combined efforts of all have made this unique scheme to the resolution of these complex claims possible."
The General Medical Council imposed conditions on Dr Holton抯 registration in June 2002, banning him from any private practice and from work in paediatric neurology, but the conditions were lifted in October 2003. He is retraining in clinical neurophysiology, and a GMC hearing to review his performance is set to resume in September.
A High Court judge last week approved a unique settlement scheme that is expected to produce a total of around ?0m ($18m; �15m) for nearly 500 children wrongly given diagnoses of epilepsy or who were incorrectly treated for the condition.
Mrs Justice Cox said she would "happily give approval" for the innovative process, which will speed up compensation claims for the families of children wrongly treated by the consultant paediatrician Andrew Holton at Leicester Royal Infirmary between 1990 and 2001.
Dr Holton, who worked alone in the role of paediatric neurologist even though he lacked the specialist training, gave a wrong diagnosis in about a third of his cases, according to a review of the cases (BMJ 2003;326:355). Parents claimed he turned their children into "zombies" with high doses of anticonvulsants and steroids.
Jean Ritchie QC, for the University Hospitals of Leicester NHS Trust, told parents in the public gallery at Nottingham County Court: "I want to apologise publicly and in open court for the suffering, trials, and tribulations that so many children, parents, and carers have gone through as a result of Dr Holton抯 misdiagnosis or mistreatment over a period of 11 years.
"I accept that it抯 easy to say, but I tell you the words are heartfelt. We are sincerely sorry, and I do express profound apologies to each and every child affected.
"I must go on to recognise in public that the trust did not listen to warnings as it should have done and did not act as quickly as it should have done."
The new dispute resolution scheme was negotiated by Freeth Cartwright and Alexander Harris, the two law firms representing most of the families, and Browne Jacobson, acting for the NHS Litigation Authority, after the health service admitted liability.
A panel of experts will consider each individual case, and lawyers will use their assessment to value the claims. Parents will also get the chance to question the panel about their children抯 experiences.
Paul Balen, of Freeth Cartwright, said: "Right from the outset we were aware that involvement of the parents in the resolution process was critical. Parents have a key part to play in this case.
"They frequently felt they had let down their children because they had accepted the diagnosis and treatment given by Dr Holton. Many parents described how their children were reduced to drug induced zombies. They had lost years of joy in watching their child抯 formative years."
Steve Walker, chief executive of the NHS Litigation Authority, said: "Our main concern has been to ensure these difficult claims were properly investigated and valued with as little additional stress to the children and their families and carers as was humanly possible.
"This could only be achieved with a high degree of cooperation between the parties and their lawyers and the willingness of experts to participate in the process.
"The combined efforts of all have made this unique scheme to the resolution of these complex claims possible."
The General Medical Council imposed conditions on Dr Holton抯 registration in June 2002, banning him from any private practice and from work in paediatric neurology, but the conditions were lifted in October 2003. He is retraining in clinical neurophysiology, and a GMC hearing to review his performance is set to resume in September.