The inquests of 62 patients treated by rogue breast surgeon Ian Paterson are to begin on Tuesday.
Paterson must give evidence at the hearings into the deaths of his patients, a coroner has ruled, after the disgraced doctor launched a last-minute bid to have his witness summons revoked.
The 66-year-old, who is serving a 20-year custodial term after being convicted of multiple counts of wounding in 2017, was accused of attempting to delay the hearings after lodging an application to have his witness summons revoked the day before the first inquest was due to start on October 10.
Paterson’s lawyer argued that health concerns, a lack of legal representation and “inadequate facilities to prepare” meant his witness summons for the judge-led inquests should be withdrawn.
In a ruling published on Monday, Coroner Richard Foster said he could “find no reason” that Paterson could not give evidence remotely at the inquests.He said: “It is perfectly reasonable in all the circumstances to require him to do so, taking into account the public interest and the importance of his participation to my investigations and these inquests.
“I can and will make all necessary adaptations to the court process to achieve the best evidence from Mr Paterson.”
The coroner said a proposal from Paterson’s lawyer that he should not be obliged to give evidence during each of the inquests, instead giving evidence at the end of the process, was “unacceptable” and would be “detrimental to my investigations”.
He said: “I need to hear his evidence on a case-by-case basis alongside the evidence of other witnesses, including from Mr Paterson’s clinical colleagues and the medical experts.”
The first of the 62 inquests, which are expected to be heard over a period of at least eight months at Birmingham and Solihull Coroners Court, will touch upon the death of 43-year-old Chloe Nikitas, an environmental consultant from Tamworth who died at the Priory Hospital in Birmingham on April 13 2008.
READ MORE:
Victims of rogue surgeon Eljamel stage protest over Police Scotland ‘inaction’
Patients harmed by disgraced NHS surgeon confront SNP's Neil Gray at Holyrood protest
The court heard claims from Paterson’s legal team last week that the jailed doctor, originally from Glasgow, would struggle to remain focused during the inquests and process large volumes of paperwork due to health issues.
Judge Foster said he would make “appropriate measures and adjustments” to make sure Paterson could take part in the proceedings, including regular rest breaks, adding: “His evidence will be of the utmost assistance and any evidence is better than none.
“It is obvious that as a serving prisoner his ability to prepare and to provide instructions to his legal team has been handicapped. I can and will make every allowance for that.
“I expect him to appear remotely. No doubt his legal team will advise him upon the consequences of non-compliance.”
Paterson, who was living in Altrincham in Greater Manchester when he was tried and convicted, was found to have carried out unnecessary and unapproved procedures on more than 1,000 breast cancer patients over 14 years.
The consultant breast surgeon was employed by the Heart of England NHS Foundation Trust and practised in the independent sector at Spire Parkway and Spire Little Aston, all in Birmingham between 1997 and 2011.
He carried out “cleavage-sparing” mastectomies on patients, which left behind breast tissue and risked a return of cancer.
An independent inquiry ruled that he had carried out hundreds of unnecessary operations on hundreds of patients, exaggerating or inventing cancer risks.
More than 560 patient deaths have been considered so far by a multi-disciplinary team of medical experts, leading to the opening of 62 inquests where their deaths may have been “unnatural”.
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules here