Dr who misdiagnosed hundreds of children with epilepsy is judged fit to practice
27/01/2006
Thank you very much for all you did for us. Our lives are so much better through your help.
Barry, Doncaster
Former Consultant Paediatrician at Leicester Royal Infirmary, Dr Andrew Holton had restrictions placed on his practice by the GMC at a private hearing yesterday in London.
The panel found that his performance had been 'seriously deficient'.
The complaints of 12 parents have been heard by the GMC. Alexander Harris represent a number of these complainants.
Parents are furious at the decision. They are angry that the hearing was postponed twice, first in May 2005 and then again in September 2005.
Alexander Harris will be looking at the decision and considering challenging the GMC's ruling by referring the decision to the Council for Healthcare Regulatory Excellence (CHRE).
The CHRE can then lodge an appeal at the High Court, or can refer the decision back to the GMC with recommendations as to how they should treat it.
"We will be looking at the determination to consider referring the GMC's decision to the Council for Healthcare Regulatory Excellence (CHRE) so that they can consider whether to refer the case to the High Court," said Richard Follis of Alexander Harris solicitors who is representing many of the complainants as well as the parents and carers support group.
"Many parents are totally disillusioned with the GMC's processes and procedures. They feel their views have not been considered adequately and they are frustrated by the length of time it has taken for this hearing to finally come about and reach a conclusion."
"They cannot understand how a case of such gravity arising from so many serious issues and failings has been considered under the GMC's performance rules which can not result in Dr Holton being struck off."
Holton has been investigated for performance. Under this route, the maximum penalty a doctor can receive is suspension. He can not be struck off.
"Holton's mistakes have had a tremendous impact on the lives of hundreds of children and their families. It is hard to understand how a doctor who committed such grave mistakes on such a large scale will be allowed to practice as a doctor in the future," said
Mary Peberdy, spokesperson of the LEPCG.
"Parents feel angry that the GMC have ignored their wider concerns about the level of misdiagnosis and mistreatment. We feel completely let down by the fact that Holton has been allowed to practise throughout."
"Everything seems to be weighted in favour of the doctor. The GMC process is not open or independent. We feel that complainants have not been given the same respect as witnesses for Dr Holton by the GMC."
The complainants have raised a number of concerns about the GMC including the fact that complainants were only given 24 hours notice to attend the hearing, and that was not made clear whether the GMC would be informing parents of the decision.
Background
Dr Holton was suspended by the Leicestershire NHS Trust on the 21st May 2001 pending an investigation into his management of his clinical case load of allegedly epileptic children. Concerns were expressed by various health service personnel regarding Holton's practice, culminating in his suspension on full pay until October 2003.
In October 2003 Holton returned to practice after the GMC revoked the restrictions that had been placed upon his ability to practice in June 2002 by their Interim Orders Committee.
A report commissioned by Leicester NHS Trust in 2003 indicated misdiagnosis of over 618 children and the mistreatment of many more. This number rose significantly as more children were re-diagnosed.
Alexander Harris represent the Leicester Epilepsy Concern Parents and Carers' Group (LECPCG) as well as many families of individual children who allege that they suffered injury, loss and damage as a result of errors of diagnosis and/or treatment at the hands of Dr Holton when he was working as a Paediatrician at Leicester Royal Infirmary.
Alexander Harris represent over 150 families whose children were misdiagnosed with epilepsy by Holton. Over 400 families are taking legal action.
Media enquiries should be made to Rachel Brown at Alexander Harris on 0161 925 5594
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