A law firm representing patients affected by Jersey’s rheumatology scandal has warned that the government’s decision to abandon plans for a group compensation scheme risks denying justice to those harmed by the service’s failings.
Potential legal claims against the Hospital’s rheumatology department started gathering pace last year after it emerged that hundreds of patients were given drugs they did not need or were misdiagnosed.
The issues were unearthed following a 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 contemporary rheumatological service.
Last year, the Health Department said it was “developing an approach to legal matters” and hoped to make settlement offers by the end of 2024 – either on a case-by-case basis or by way of a general compensation scheme.
But it has now emerged that plans for any kind of group compensation scheme for rheumatology patients have been scrapped.
In a response to a written question asking for an update on the group compensation scheme for rheumatology patients, the Health Minister said that “there is no such route available”.
Instead, affected patients and families have been told to seek independent legal advice if they wish to pursue claims.
Local law firm Viberts, which represents a number of patients involved, said lawyers were “surprised and disappointed” to learn via letters sent to patients that there would be no group compensation scheme.
Viberts explained that a scheme had been “actively discussed” in meetings with the Minister’s legal representatives, adding that “there does not appear any legal reason why a scheme could not be created”.
The law firm suggested that, for those with lower-level claims, a compensation scheme would be the “most sensible and cost-effective route”.
Viberts also warned that the decision may deter many patients from seeking justice.
“Viberts are concerned that some individuals who have suffered harm, will now consider it impractical to bring a claim, and be prevented from receiving compensation for the harm they suffered,” the spokesperson added.
Following queries from Express, a spokesperson for Health and Care Jersey said that, for a group compensation scheme to work, there would have to be “clearly identifiable patterns of harm”.
The statement said: “Health and Care Jersey has been working with stakeholders to investigate if a scheme could be arranged to provide an access route for rheumatology patients who have sustained a form of harm to claim compensation.
“For a scheme to operate effectively, it would require there to be clearly identifiable patterns of harm.”
The spokesperson added that, whilst there are no current plans to introduce a standalone compensation scheme, all rheumatology patients will be contacted if this changes in the future.
Earlier this year, Viberts confirmed it had over 200 enquiries from rheumatology patients – with “numerous” letters of claim having already been issued.
Rheumatology patients will have until 2027 to take legal action after the Health Minister agreed to extend the usual time limit for claims.
The States of Jersey Police are also working closely with the Viscount’s Office to assess whether a criminal investigation is required.
The Health Minister also recently confirmed that reviews into patient deaths are ongoing.
Of the 246 rheumatology patients who have died since January 2019, around 60 cases remain under review. These are expected to be completed by the third quarter of this year.
A further review of pre-2019 deaths is now being launched, with a final report anticipated by December 2025.
Meanwhile, the action plan arising from the Royal College of Physicians’ damning review of Jersey’s rheumatology services is still incomplete.
As of this month, 12 of the recommendations have been fully implemented – with four more pending.
Outstanding actions include enhancing holistic care approaches and therapy integration, finalising the digitisation of shared care agreements, upgrading electronic prescribing systems, and strengthening ties between primary and secondary care for better patient monitoring.
SUPPORT…
Patients requiring further information about this matter are advised to contact the Patient Advisory and Liaison Service by email (pals@health.gov.je) or by telephone on 01534 443515.
If you believe you have a clinical negligence claim against Jersey’s rheumatology department you can contact Viberts on 01534 632283 or email disputeresolution@viberts.com.