A CRIMINAL investigation into deaths linked to Jersey’s troubled rheumatology service has been ruled out after the police concluded the legal test for gross negligence manslaughter had not been met.
The States police confirmed that no criminal investigation will be launched following the review of the cases of seven deceased rheumatology patients. Their families have been notified.
The decision was reached following a “full and detailed assessment”, which included reviewing expert medical opinion and seeking legal advice.
The police said that an independent rheumatology specialist examined the circumstances surrounding the deaths before officers made their determination.
A spokesperson from the force told the JEP that the legal bar for gross negligence manslaughter is “extremely high”, requiring five separate elements to be proven before a criminal case can proceed.
These include demonstrating a “clear evidence of a serious and obvious risk of death at the time of negligently breaching a duty” and proving that the actions or omissions in question “materially caused or contributed to the death to a significant degree”.
“The evidence available does not meet that threshold,” the statement added.
Police emphasised that the outcome “does not lessen the seriousness of the circumstances or the impact on those affected”.
“We would like to thank the families involved for their patience, strength, and cooperation throughout this difficult time,” the force added.
Although there is no criminal investigation, the wider process surrounding the cases is ongoing.
The matters have now been passed to the Viscount’s Department, which will independently determine whether formal inquests are required in each of the deaths.
The police also confirmed that the General Medical Council has been notified of the circumstances.
Potential criminal action against the Hospital’s Rheumatology Department started gathering pace in 2024 after it emerged that hundreds of patients had been misdiagnosed or prescribed powerful drugs unnecessarily.
The issues were unearthed following an independent review by the Royal College of Physicians, which described the standard of care as “well below what the review team would consider acceptable” for a modern rheumatological service.
Legal claims linked to the service have continued to mount. The government has confirmed that 42 letters of claim have been received from patients relating to rheumatology treatment, although none have yet reached court or been settled.
Earlier disclosures also revealed that 67 duty of candour letters were sent to patients after issues were identified with their care.
Five cases involving living patients were referred to police last year, while 33 cases involving deceased patients were referred to the Viscount for consideration.
Meanwhile, one of the doctors at the centre of the review, former consultant Dr Michael Richardson had restrictions on his clinical practice lifted last year, but the Health Minister confirmed at the time that he was not employed by the Health Department.
Dr Richardson is still listed on the General Medical Council website as “registered with a licence to practise”.
