NHS Whistleblower: ‘Patients are dying needlessly’

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An NHS whistleblower has warned that the number of deaths and patients harmed by clinical negligence is ‘just the tip of the iceberg’, as he fears hundreds more cases are likely to come forward.

Michael Swinn, a Surrey-based consultant urological surgeon, blew the whistle on his own practice as a formal investigation into multiple deaths at the Royal Sussex Country Hospital takes place.

NHS Whistleblower

Operation Bamber, was launched in 2023, after two consultant surgeons reported concerns over dismissed surgical standards at the University Hospital Sussex NHS trust (UHS), which runs the hospital.

Police then expanded the operation to investigate 105 cases of alleged medical negligence but, insiders have said they expect that number to reach “many hundreds” the longer the inquiry goes on.

Mr. Swinn, 58, told i:

“The reports about Brighton say the police are looking at around 100 cases. I’m told it is many, many more. Potentially several hundred.

“We’re one of the richest countries in the world, yet it’s not like the health service is firing on all cylinders and, meanwhile, people are dying – needlessly. It is an absolute scandal. Brighton is only 25 miles from my hospital.”

Operation Bamber is investigating multiple deaths and injuries at the Royal Sussex County Hospital between 2015 and 2021. Sussex Police said it is continuing to investigate allegations of medical negligence relating to neurosurgery and general surgery at the Royal Sussex.

A spokesperson for the force said:

“A number of cases from within the specified NHS departments and during the specified time period have been assessed and are forming part of the ongoing investigation… Sussex Police is committed to conducting a thorough and transparent investigation. Due to the complex nature of the enquiries, this is likely to take some time to complete.”

But Mr. Swinn said it could be years before the truth of the full scale of alleged negligence comes out, based on his own experience.

The surgeon initially raised concerns about his “financially motivated” colleague at East Surrey Hospital, in Redhill, in 2006.

However, it was not until 2021 that consultant urologist Mr. Miller was finally struck off the medical register after a tribunal heard that he posed a “potential risk to patients” and “a very real risk to patient safety”. But dozens of patients suffered harm and some died as a result of negligence.

An insider within the Sussex trust has also claimed one of the surgeons who was complained against was subsequently diagnosed with a neurodegenerative disorder, thus explaining poor outcomes. A spokesperson for UHS said they could not comment on the claim.

But Mr. Swinn states that it’s not just UHS the public should be concerned about, as when he meets up with ‘medical friends based all over the country’ he often hears about other scandals going on.

He said:

“They may be trying to empathise with me but they’ll say they’ll have experienced something similar [to my case] in Cardiff, or Crewe, or Birmingham, or wherever it might be.

“It’s widespread I’m afraid. It’s not just a Mid Staffs [where years of abuse and neglect at the hospital led to the unnecessary deaths of hundreds of patients]. It’s a Morecambe Bay, a Birmingham, a Brighton, the list just goes on.”

Clinical negligence – How to make a claim

If you’ve been a victim of medical negligence, we have the expertise to seek rightful compensation on your behalf. Oakwood’s medical negligence solicitors are here to advise and support you and your family throughout the claims process and beyond.

How to make a claim?

If you feel that you or a loved one has been affected as a result of medical negligence, then you may be entitled to bring about a compensation claim.

The team at Oakwood Solicitors Ltd will be able to give you free advice on the prospects of your case and whether you would be eligible to make a claim.

Who can bring a claim?

The victim of the negligence can bring about a claim in their own right. However, it may also be the case that the victim has passed away as a result of the negligence or has suffered so severely that they are unable to bring about a claim as they no longer have the capacity.

In such circumstances, a claim can be brought about on their behalf either by an appropriate person or litigation friend if the victim is still with us or by the executor of the estate of the surviving dependant if the victim has passed.

Our specialist team will be able to discuss whether you have a right to bring about a claim so if you or a loved one has been affected do not hesitate to contact us.

How long do I have to make a claim?

Claims of this nature are subject to a three-year limitation period. This means that claims have to be commenced within the Courts within three years of rather the date the negligent act occurred or the date you became aware that negligence had occurred.

In cases involving deceased victims, this limitation period commences from the date of death and in cases involving minors, the limitation period starts when they reach their 18th birthday.

The law surrounding limitation periods is complex. Our specialist team will be able to advise further. Please do not delay, contact our specialist team as soon as possible.

How much is my claim worth?

It is often difficult to value Negligence claims at their outset, given the complexities involved however we will pursue two forms of compensation for you:

General damages – An award of money for the pain and suffering you have endured as a result of the negligence.
Special damages – An award for all of your out-of-pocket expenses such as travel expenses, medication costs, loss of earnings, and treatment costs both past and future.

This list is not exhaustive and is very case-specific. Our specialist team will be able to advise further.

Why should I use Oakwood Solicitors Ltd?

We have a dedicated team of solicitors and paralegals who have many years of experience running cases of this nature. They are highly trained to deal with all aspects of clinical and medical negligence.

Oakwood Solicitors Ltd wishes to ensure that clients are not overwhelmed by legal jargon or medical terms that they don’t understand and aims to allow the claims procedure to be as transparent as possible.

Whistleblowers

Whistleblowers are essential to hold organisations accountable and report any wrongdoing, which may pose a serious risk to employees and patients.

Below we outline types of whistleblowing, the rights whistleblowers have, and how Oakwood Solicitors Ltd can help if you have been bullied or victimised after blowing the whistle.

What is whistleblowing?

A whistleblower is someone who reports certain types of wrongdoing or suspected wrongdoing (that is in the public interest) to their employer or relevant organisation.

Blowing the whistle at work can be a stressful time as you may feel like you have done the wrong thing, feel like you have betrayed your colleagues or manager or perhaps you have started to be treated differently since you blew the whistle.

Whatever the situation, Oakwood Solicitors has an experienced team of employment lawyers that can assist you before, during or after you have blown the whistle.

Whistleblowing – The law

Employees who are thinking about blowing the whistle on their workplace for wrongdoing or unsafe practices should be aware that protections are in place to keep them safe at work.

These regulations mean that whistleblowers should not face losing their job or being discriminated against at work for blowing the whistle.

By law (the Public Interest Disclosure Act 1998), whistleblowers are protected from:

Unfair dismissal – if someone is dismissed for whistleblowing, it will be treated as an automatic unfair dismissal
Detriment

These protections are in place from the first day of employment and will still be in place even if you no longer work for the company.

But to claim protection, whistleblowers must show they:

Made a qualifying disclosure
Were dismissed or suffered a detriment as a result of making the disclosure

If you have blown the whistle, and as a result, you have been dismissed or suffered detriment, you may be entitled to claim against your employer.

I am considering whistleblowing at work. How do I go about it, and when should I do it?

If you reasonably believe (and it is in the public interest) that one or more of the following matters is either happening, has taken place, or is likely to happen in the future then you should report the wrongdoing or suspected wrongdoing to the relevant individual/organisation:

A criminal offence
The breach of a legal obligation
A miscarriage of justice
A danger to the health and safety of any individual
Damage to the environment
Deliberate attempt to conceal any of the above.

You may have a Staff Handbook at work which includes within it a whistleblowing policy. It is important to read this policy so that you report the wrongdoing or suspected wrongdoing to the appropriate person within the workplace. This person is generally referred to as a ‘whistleblowing officer’.

However, there may certain situations where the is no appointed internal whistleblowing officer or, it may be more appropriate to the report the wrongdoing to the relevant organisation in which the wrongdoing relates.

In some professions, employees are legally bound to blow the whistle when they become aware of wrongdoing, malpractice or unlawful conduct. This may be under a professional code of conduct including the following professions:

Accountants – Must report wrongdoing to the ICCA
Senior managers under the Senior Managers Regime – Must disclose appropriately any information of which the FCA or PRA would reasonably expect notice.
Solicitors – Obliged to report wrongdoing to the SRA

If you have any concerns in relation to blowing the whistle, please contact Oakwood Solicitors for further advice.

Whistleblowers’ rights – Am I protected?

Whistleblowing, also known as ‘making a protected disclosure’, is potentially a ‘protected act’ under employment law. This means that employees who are aware of unlawful activity in the workplace, and report it, should not be subjected to any detriment as a result, or dismissed due to making this disclosure.

For employees making a disclosure against their employer, it can, understandably, be a stressful process. In some cases, it can even result in the employee suffering a psychiatric injury. There is often an overlap between a whistleblowing claim in the Employment Tribunal, and a civil claim for Stress at Work.

You are not required to have a specific length of service with your employer to be protected as a whistleblower (unlike a claim for unfair dismissal for example that requires the employee to have the qualifying length of service, which is currently 2 years).

Who is protected?

Most people are protected by law if they make a qualifying disclosure. This includes:

An employee, such as a police officer, NHS employee, office worker, factory worker
A trainee, such as a student nurse
An agency worker
A member of a Limited Liability Partnership (LLP)
Office holders
Self-employed doctors, dentists, ophthalmologists and pharmacists working in the NHS

When will you not be protected?

You will not be protected when making a qualifying disclosure if you:

Commit a criminal offence by disclosing the information – For example hacking into computer files
Breach legal professional privilege – For example if you’re a legal adviser and learn about something when giving legal advice

Have you been treated differently since you have whistleblown?

Once you have whistleblown, you could experience bullying or other detrimental repercussions very quickly.

If you have noticed any difference in the way you are treated at work or you have suffered detriment since whistleblowing please contact Oakwood Solicitors as soon as possible to see how we can help.

Advice for whistleblowers

Blow the whistle according to company policy

Make sure you follow the company procedure for whistleblowing. This will ensure you are raising concerns with the right person and the investigation will be flagged correctly.

You should follow this procedure to ensure that your employer can’t claim that the procedure was not followed and it was not aware of the concerns.

Keep a record of your whistleblowing

Keep a record of any evidence you have relating to your whistleblowing.

This might include any emails relating to your concerns, or any pictures of the dangerous activity you are reporting.

Use a regulator

If you know that your employer is already aware of the wrongdoing, and your involvement would not be welcomed, it may be best to ask an employment solicitor for advice on the best route to blow the whistle.

Don’t go to the press

Whistleblowing legislation is there to protect people who blow the whistle in the right way and for the right reasons.

If you reveal your concerns via social media or by going to the press, you may not be entitled to receive the legal protection you’ll need.

Don’t worry about confidentiality clauses

Many employers ask employees to sign non-disclosure agreements, to ensure confidentiality. But, NDA’s do not prevent you from legitimate whistleblowing.

Regardless of what you have signed, if illegal conduct is being carried out, you still have the right to blow the whistle. However, it is advisable to seek advice from an employment solicitor if you’ve signed an NDA.

Why choose Oakwood Solicitors Ltd?

You will have a dedicated advisor who will see your claim through from start to finish, assisting you in the event of any queries or issues you may have. If it is preferable to you, we are able to assign a female advisor to carry out your claim.

Your case handler will also continue to provide regular updates until the conclusion of your claim, ensuring the process is as stress-free and effortless as possible.