Spire Parkway Hospital Patient to Take Legal Action

21st February 2020

Leading Medical Negligence Solicitors at Simpson Millar have been instructed to investigate claims that a Birmingham-based Healthcare Assistant Practitioner was subjected to unnecessary or inappropriate shoulder procedures under the care of surgeon Habib Rahman at the Spire Parkway Hospital in Solihull.

Kalsum Khan, 47, from Hall Green, is one of more than 200 patients that received a letter from the private healthcare provider asking them to attend a review with another orthopaedic surgeon to further investigate the treatment she received, and her post-operative care.

The invitation, which comes following an independent investigation into Mr Rahman’s practice which was carried out by the Royal College of Surgeons (RCS), has prompted her to appoint Medical Negligence Solicitors at Simpson Millar to help her amidst growing concern that her suffering could have been better managed, or even prevented.

A Healthcare Assistant Practitioner at Birmingham Community Healthcare NHS Foundation Trust, Mrs Khan was left with mild neck pain and headaches after she was injured in a car accident in 2014.

After several months with no sign of improvement, she visited her GP who referred her, through the NHS, for specialist treatment. She then attended an appointment with Rahman who at the time held weekend clinics at her doctor’s surgery, Hall Green Health.

She subsequently had a scan of her neck and right shoulder at Greet Medical Practice in Sparkhill, after which she was told by Rahman during an appointment at Spire Parkway Hospital that her shoulder needed medical treatment. He advised her to undergo of a manipulation under general anaesthetic and a steroid injection. That treatment was carried out in August 2014.

Whilst the pain initially improved, Mrs Khan’s condition soon deteriorated again to the point where it was affecting her sleep, as well as her ability to do her job.

In 2017 she was referred back to Rahman, who advised her that she was now suffering from arthritis in the shoulder joint. A further manipulation under general anaesthetic was undertaken that December, along with another steroid injection.

Despite this treatment, her condition failed to improve, and she began to experience difficulties with her grip and dexterity in her right hand.

Mrs Khan claims she was not invited to attend a post-operative appointment with Rahman following either the first or the second procedure – instead receiving only a couple of physiotherapy sessions and a leaflet which gave her some suggested exercises to carry out at home.

A Healthcare Assistant Practitioner for Birmingham Community Healthcare NHS Foundation Trust, Mrs Khan says her job is now at risk as she has had to take so much time off work in order to manage her pain.

Kaslum Khan said, “You assume when a medical professional recommends a course of action that it is right and appropriate. I never questioned what I was being told, as a result. I trusted the surgeon to do what was in my best interests.

“It’s deeply upsetting to now learn that an independent review has thrown into question the actions of Mr Rahman – not only in my case, but in the cases of hundreds of other patients.

“I feel overwhelmed by the possibility that the procedures that I was subjected to were unnecessary and inappropriate, and even more so by the thought that my pain and suffering could have been prevented altogether.

“My whole life has been affected by my symptoms - including my family life, and my ability to do my job.

“I’m glad that Spire are now taking action to review the cases of those affected but for some, it is too little too late.”

Spire has since said that it withdrew Mr Rahman's operating licence in May 2019 following the review by the Royal College of Surgeons, but the NHS Trust which employs him says he is continuing to work, albeit under ‘interim restrictions’ which means he must be supervised in all of his posts by a clinical supervisor.

The University Hospitals Birmingham NHS Foundation Trust further confirmed that to date it had not recalled any of his NHS patients.

Mrs Khan’s Medical Negligence Solicitor Rebecca Brunton says “urgent action must now be taken to understand the full extent of any negligent treatment provided by Mr Rahman.”

She said, “Mrs Khan is understandably very upset to have learnt that her case is one of more than 200 currently under review by Spire.”

“Private healthcare providers owe their patients a duty of care in exactly the same way as the NHS, and any indication of negligence must be dealt with in an appropriate way.”

“Sadly, this is not the first time that Spire Healthcare has hit the headlines as a result of surgery that was carried out unnecessarily and urgent action must now be taken to understand the true extent of what exactly has occurred here, and to ensure that those responsible for any failings are held accountable.”

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