Royal Sussex County Hospital – Clinical Negligence Allegations

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Allegations of widespread clinical negligence have been made against Royal Sussex County Hospital in Brighton.

Whistleblowers have claimed that this sub-standard practice may have taken place between 2015 and 2020 in the neurosurgery and general surgery departments.

The whistleblowers included a coroner and two surgeons who worked at the hospital. They have now been dismissed unreasonably. The Sussex police are looking into these claims, and it is estimated that around 40 deaths are under investigation.

Royal Sussex County Hospital

The claim specifies that there was a failure to investigate these deaths to a sufficient standard and to learn from failings, according to the Guardian[1]. One example given is a surgeon who carried out multiple procedures whilst suffering from Parkinson’s disease who has been linked to at least two of these deaths.

The Royal Sussex County Hospital is part of the Sussex NHS Foundation Trust, who have made a statement to confirm that they are cooperating with the police investigation.

In May 2023, the Quality Care Commission (CQC) assessed Royal Sussex County Hospital in Brighton and determined that they are “inadequate”. The Report[2] found multiple failings such as, “risk, issues and poor performance and behaviours were not always dealt with quickly enough.”

In addition, “some staff had been promoted into leadership roles but were not provided with the necessary training to do the job.” The CQC stated that they continue to “be concerned about a potential culture of ‘normalising’ safety concerns”.

There seems to be serious concerns with patient safety standards at the Brighton Hospital and following these whistle-blower allegations it is possible that many patients and their families have been affected by this negligence. The extent of negligence and its impact is yet to be determined, but this news is likely to be upsetting for many.

If you believe that you or a loved one may have been impacted by negligence that has taken place at Royal Sussex County Hospital between 2015 and 2020 then the Clinical Negligence department at Oakwood Solicitors is ready to assist you.

We have extensive experience with neurosurgical and general surgery claims involving clinical negligence. We can offer legal advice and assess your situation to see whether there is a claim.

Please see below for further information on how to make a claim and whether your claim is likely to succeed.

If you are unsure whether or not your case is considered clinical negligence, you can contact Oakwood Solicitors who will provide you with a free initial enquiry to assess whether you would meet the criteria to commenced investigations.

How do I make a claim?

If you feel that your diagnosis has been delayed, you have been misdiagnosed or that your treatment has been inappropriate then you may be entitled to bring about a claim.

The team at Oakwood Solicitors 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 about a claim?

The victim of the negligence can bring about a claim in their own right however it is often sadly the case that the victim is either unable to bring about a claim or has sadly passed. 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 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 claim?

Claims of this nature are subject to a three year limitation period. This means that claims have to be commenced within the Courts in 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.

How long will my case take to run?

Given the complexities involved in pursuing Clinical Negligence claims, they can often take 18-24 months to conclude and longer if Court proceedings have to be issued.

Our investigations start by obtaining all relevant records and protocols before approaching independent medical experts for their opinion. We will provide you with regular updated on the progress of your case to ensure that you are kept up to speed.

How much is my claim worth?

It is often difficult to value clinical 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, treatment costs both past and future. This list is not exhaustive and is very case specific.

Why use Oakwood Solicitors to make your Clinical Negligence case?

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

We want to ensure at Oakwood Solicitors that clients are not overwhelmed by legal jargon, medical terms that they don’t understand and to allow the claims procedure to be as transparent as possible.

How is my case funded?

The majority of Clinical Negligence cases are funded by a Conditional Fee Agreement, more commonly known as a “no win no fee” agreement. This means that there will be nothing to pay up front and nothing to pay if the claim has been lost.

If you are successful in your claim, a deduction of 25% of damages will be taken to cover the success fee and the shortfall in legal fees, a 35% deduction is applicable in more complex cases.

It may also be the case that an After The Event (ATE) insurance policy will be obtained to cover the costs of expensive medical reports and investigations. If an ATE insurance policy has to be obtained the cost of the same will be discussed with you at the appropriate point.

The cost of the ATE insurance policy is again taken from your damages and only payable if you are successful with your claim.

Sources:

Brighton’s Royal Sussex hospital’s medical negligence deaths probe – The Argus

Sussex hospital trust downgraded as staff blow whistle – BBC News

[1] Police investigate dozens of deaths at hospital in Brighton The Guardian

[2] Trust – RYR University Hospitals Sussex NHS Foundation Trust (15/05/2023) INS2-13933976261 (cqc.org.uk)