AN NHS whistleblower has called for the resignation of the Lord Advocate after the Crown Office refused a further investigation into 40 "avoidable" deaths within a health board.

It comes a year after Kate Frame, the police investigations and review commissioner (Pirc), demanded to know why no proper investigation was conducted after whistleblower Rab Wilson raised concerns over multiple deaths in Ayrshire and Arran.

The decision has been described as "deeply disappointing" by Mr Wilson, a former nurse with Ayrshire and Arran, who has described the case in policing terms as "Scotland's Hillsborough".

This is a reference to the cover up over the real reasons for the fatal crush the 1989 FA Cup semi-final which resulted in the deaths of 96 Liverpool fans. A report into the disaster laid bare how police attempted to shift the blame onto the victims.

Liam Murphy of the Crown Office and Procurator Fiscal Service's specialist casework section responded to Mr Wilson saying that the case has been fully reviewed "and the Crown has concluded that there are no further investigations which should be instructed".

The Herald: Rt Hon James Wolffe QC, Lord Advocate

He added: "The review has involved a thorough consideration of the available material in the light of the PIRC report and it was important that time was taken to do that.

"I should emphasise that COPFS keeps all matters under review and may reconsider its decision should further evidence become available."

Mr Wilson who raised concerns about the speed the case to the Lord Advocate, James Wolfe said: "This is in essence Mr Wolffe’s resignation letter. He knows that there has been no criminal investigation at NHS A&A into avoidable/preventable deaths.

"It is a complete dereliction of duty by the Lord Advocate not to sanction a new investigation at this failing health board. He in effect by his failure to act has no doubt helped to contribute to the number of these avoidable deaths. he should go now!"

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Mr Wilson first raised issued five years ago, saying there was a scandal involving the health board involving 56 critical incidents and including 40 deaths was being kept quiet.

It is understood that the "avoidable" incidents uncovered by Mr Wilson in 2012 included three missed chances to diagnose cancers, the death of a patient who was trapped in a faulty lift, a death which followed inadequate treatment of a leg wound, and two cases where psychiatric patients "murdered or attempted to murder" a relative.

A PIRC report showed that police and prosecutors decided there had been no crime after examining two reports, one carried by the NHS watchdog and another commissioned by the health board itself and that detectives did not seek independent evidence following the report of potential criminality at NHS Ayrshire and Arran.

Ms Frame in August, last year decided that Police Scotland failed to look into the case properly and was particularly critical of the original report submitted to the Crown Office by the police.

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Her report stated: "The report doesn't appear to have been designed to convey the findings of an investigation."

The police did not interview any of the people directly involved and the only supporting documents sent to the Crown Office was a DVD produced by Mr Wilson, a copy of the health board's improvement plan and a report by Healthcare Improvement Scotland.

But Mr Murphy told Mr Wilson in a letter that the August PIRC report was merely concerned with the way that his complaints were dealt with, and not with the adequacy of the police investigation.

"Nevertheless, in light of the PIRC report, the matter has been reviewed by a senior prosecutor, who had not previously been involved in it."

But Mr Murphy told Mr Wilson in a letter that the August PIRC report was merely concerned with the way that his complaints were dealt with, and not with the adequacy of the police investigation.

"Nevertheless, in light of the PIRC report, the matter has been reviewed by a senior prosecutor, who had not previously been involved in it," he said.

In December PIRC said that the SPA took too long to handle complaints and cases of possible misconduct, and then made decisions on them that lacked clarity and transparency and were in many cases not properly explained.

But the Scottish Police Authority in January rejected misconduct allegations against Chief Constable Phil Gormley and Deputy Chief Constable Iain Livingstone over claims of a failure and refusal to investigate the deaths.

The health board has been at the centre of criticism over six so-called "avoidable deaths" over an eight year period at Crosshouse hospital in Kilmarnock which triggered Health Secretary Shona Robison to order a review by Healthcare Improvement Scotland in November 2016.

It found that NHS Ayrshire and Arran had investigated serious incidents via its own Directorate Adverse Event Review (DAER) system rather than under the label of a Significant Adverse Event Review (SAER).

As a result it was able to claim that there had only been four SAERS involving stillbirth between 2008 and 2016.

NHS Ayrshire and Arran have previously declined to comment on the investigation issue.