News and Insights

Viberts have now met with a significant number of individuals in relation to concerns over the operation of the Rheumatology department. We are still receiving new enquiries daily. 

Following the Royal College of Physicians report in January 2024, Patrick Armstrong, Medical Director of Health and Community Services (“HCS”), presented a detailed report to the HCS Advisory Board (the “HCAB Report”). The purpose of the HCAB Report was explained as: “To provide an update on the actions already taken and progress in relation to the Rheumatology Service review, following receipt of the Royal College of Physicians invited report and to outline how HCS has acted rapidly to ensure patient safety, including clinical audit and recall of Rheumatology patients”.

The HCAB Report can be read on gov.je at Health and Community Services Advisory Board

The HCAB Report details that, in addition to the initial audit of patients prescribed biologic medication between January 2022 and April 2023, there are a further four audits which have been or will be undertaken in relation to Rheumatology patients.

1. Patients prescribed DMARDS or steroids.
2. Outpatients not prescribed either biologics or DMARDs or steroids.
3. Inpatients who had been under the care of one of the Rheumatology consultants but are not included in any of the other review groups.
4. Rheumatology patients who have died since January 2019.

The HCAB Report confirms that Heath and Community Services will be sending out ‘Duty of Candour’ letters to patients for whom possible harm has been identified. This letter may read like an ‘apology letter’.  We are not aware of anyone yet who has received a Duty of Candour letter. The professional duty of candour is a duty shared by doctors and nurses. It means that every health care professional must be open and honest with those in their care when something that goes wrong with their treatment or care causes, or has the potential to cause, harm or distress. If you receive a Duty of Candour letter it is important to inform your legal adviser as soon as possible.

At Viberts we are aware that litigation can be a long process. Many want closure of their claim sooner rather than later. In the unusual circumstance of so many cases concerning the Rheumatology Department, we are seeing common themes across claimants, such that there may be an opportunity to resolve claims in an alternative manner to litigation. We are keen to protect each client’s position and achieve the best outcome for each one, mindful that every client is unique. This may mean resolution in different ways for different clients.

We can confirm:

• Viberts have been formally instructed by a significant number of clients. In these cases, medical records have been requested and we are in the process of sending initial advice letters out.
• Our lawyers who oversee the claims recently met with Mr Simon West, Deputy Medical Director, and members of HCS legal team. We are due to meet again in a month’s time to progress the situation.
• Some claimants were awaiting confirmation they are eligible for support under the Legal Aid Scheme. To try to speed up the process, Viberts lawyers recently met with the Judicial Greffier. The Judicial Greffier has confirmed that claims concerning the Rheumatology Department will be dealt with in the same way as personal injury applications and such as the cost of expert reports will be paid for under the scheme. We are awaiting final confirmation on this and will be in touch with claimants individually.
• Having met with some individuals, they are now seeking further information on their treatment. Some are yet to meet with a Rheumatology Department specialist before we can give an initial view on the merits of a claim.
• Some do have a claim, but the impact on them, thankfully, was relatively minor such that a claim through the Royal Court at this stage would be premature. We are keeping these individuals up to date via emails and will be in contact should an alternative more appropriate route for compensation become available.

If you have been affected by a misdiagnosis or inappropriate prescription of medication, it is important to seek legal advice and explore your options as soon as possible.

You can speak to us confidentially. We offer a free initial consultation, during which we will discuss your specific claim and the claims process. Having a conversation with us does not oblige you in any way to pursue a claim.

If you have been affected by this issue and would like advice, please contact us. One of our dedicated team of lawyers is available to assist.