A LAW FIRM representing patients affected by Jersey’s rheumatology scandal has criticised the Health Department for failing to apologise to all individuals harmed by the service.
Viberts said it was “disappointed” that formal duty of candour letters were only sent to patients classified as having suffered “moderate harm” or worse.
The firm said it was aware of many Islanders who had suffered “varying degrees of harm and loss” who had not received a duty of candour letter.
Duty of candour letters are provided to patients, their families or carers when something has gone wrong with their medical care — acknowledging harm, offering an explanation, and outlining next steps.
In a statement, the legal firm said: “Viberts are disappointed that the Health and Care Jersey has chosen not to apologise and send duty of candour letters to all patients who have suffered harm.
“Viberts understand that letters have only been sent to those who the rheumatology department have classified as suffering ‘moderate harm’ or above.
“Viberts are aware of many clients who have suffered varying degrees of harm and loss who have not received a duty of candour letter.”
The law firm previously confirmed it had received over 200 enquiries from rheumatology patients, with “numerous” letters of claim already issued.
Potential legal claims against Jersey’s Health Department began gathering pace last year after it emerged that hundreds of rheumatology patients had been misdiagnosed or given drugs they didn’t need.
A review by the Royal College of Physicians found that the standard of care was “well below what the review team would consider acceptable” for a modern rheumatology service.
All 2,270 patients treated by Dr X and Dr Y — the two doctors at the centre of the scandal — between January 2019 and January 2022 were reviewed for potential harm.
At the start of this year, only 62 of those patients had received duty of candour letters.
Viberts’s criticism comes just days after the government announced it had scrapped plans for a group compensation scheme for rheumatology patients.
Affected patients have instead been advised to seek independent legal advice if they wish to pursue claims.
Responding to the concerns, a Health and Care Jersey spokesperson said: “The duty of candour process sets out specific requirements that Health and Care Jersey must follow when things have gone wrong with care and treatment.
“This includes providing reasonable support and offering an apology to patients where the level of medical harm has been assessed as moderate or above by a Specialist Rheumatology Consultant. Rheumatology patients in receipt of a Duty of Candour letter means that the Specialist Rheumatology Consultant has identified that they have received possible medical harm at a level of ‘moderate or above’ from their past care and treatment.”
“For those who have not received a Duty of Candour letter the review of their past care and treatment within public care has indicated either good care or care below the level of ‘moderate harm,’ both scenarios should reflect what patients will have been advised in clinic. The parameters of the rheumatology review can only assess possible medical harm and uses a clinical audit tool, which has been approved by the Royal College of Physicians,” they continued.
“However, HCJ acknowledges that patients may consider that they have suffered psychological or financial harm. Any patients that believe they have sustained any form of harm and are considering a complaint/claim, may wish to seek independent legal advice.”
