Spire Parkway Hospital Patient to Take Legal Action

Posted on: 6 mins read
Last updated:
Kate McCue

Medical Negligence Associate Solicitor

Share Article:

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.

Mrs Khan was left with mild neck pain and headaches after she was injured in a car accident in 2014.

TrustpilotStarsWe're ratedExcellent

Habib Rahman – Case Study

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 Mr 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 Mr Rahman during an appointment at Spire Parkway Hospital that her shoulder needed medical treatment.

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 Mr 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.

As 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 to manage her pain.

Unnecessary Treatment & 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.

“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.”

"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."

The Outcome

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 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.”

FAQs about Medical Negligence

Can I claim against the NHS for medical negligence?

Yes, you can make a claim against the NHS because of medical negligence. Under this bracket, you can also claim for medical misdiagnosis. Within the NHS, you can take action against a hospital, GP practice, dental practitioner, and any other medical provider.

How do I prove medical negligence?

When you claim for medical negligence, you must prove that the medical professional had a duty of care and that there was a breach of that duty. You must also prove that the breach of duty has caused injury.

What’s a civil claim?

Where you have been affected by medical negligence you can bring a civil claim for medical negligence against the Hospital/Practitioner who treated you.  It can be advisable to make a complaint first as this can elicit some useful information from the Trust.  However, any claim for medical negligence must be brought within 3 years of the date of negligence or 3 years from the date that you were aware there was negligence.

What’s duty of care?

When a medical professional is looking or caring for you, they have a duty of care. This describes the basic standard of reasonable care and treatment that you should be provided with. All patients have a right to basic care, which is covered under the duty of care responsibilities. Medical negligence happens when a clinician or medical practitioner breaches their duty of care towards their patient.

What do you have to prove to be successful in a medical negligence claim?

For you to prove that there was medical negligence, you need to show that the clinician had a duty of care to you, they breached that duty and that their actions led to your injury on the balance of probabilities.

What are some causes of medical negligence?

  • Medical negligence encompasses: 
  • Misdiagnosis
  • Surgical errors
  • Delayed diagnosis
  • Failure to act on test results
  • Infections that occurred within a hospital

If you have experienced any of these, you may have grounds for a medical negligence claim.

How much can I claim for medical negligence?

It’s very difficult to give an idea on how much you may be entitled to in a medical negligence claim. This is because every case is different, so the outcomes will be unique. Even if two patients had similar experiences, there will always be varying factors that alter the outcome. Simpson Millar will be able to advise on whether your claim is likely to be successful and how much you may receive.

Will I have to go to court for a medical negligence case?

You may not have to go to court for your case, but this will depend on your individual circumstances. It is possible that your claim will be settled before a final hearing in court. But if you do have to go to trial, Simpson Millar will be able to represent you, providing you with support throughout the process.

How can a solicitor help me with a medical negligence claim?

Here at Simpson Millar, we have expert solicitors who are experienced with medical negligence cases. We will help piece together your claim, to give you the best chance at being successful. We’ll gather any documents and evidence that you need, including medical reports, witness statements, and evidence of losses. Our team will handle your claim, so you can rest assured that we’ll secure you the best possible outcome.

References:

Connelly, A. and Serpell, M. (2020). Clinical negligence. Anaesthesia & Intensive Care Medicine, 21(10), pp.524–527. doi:https://doi.org/10.1016/j.mpaic.2020.07.006.

GOV.UK. (2018). Appropriate clinical negligence cover. [online] Available at: https://www.gov.uk/government/consultations/appropriate-clinical-negligence-cover

Kate McCue

Medical Negligence Associate Solicitor

Areas of Expertise:
Medical Negligence

Kate joined the Clinical Negligence department at Simpson Millar in January 2023 after previously working at Chris Kallis Solicitors in Plymouth. Kate qualified as a solicitor in 2004 and has developed extensive experience in both Personal Injury and Medical Negligence.   

Initially Kate started working as a Defendant Solicitor for firms such as Bond Pearce LLP and DAC Beachcroft Claims Ltd. This has allowed Kate to develop a tactical advantage to her cases, using the experience of how a claim is dealt with from a Defendant’s perspective. 

Get in touch, today!

Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0808 239 6043

This data will only be used by Simpson Millar in accordance with our Privacy Policy for processing your query and for no other purpose