Police investigate 40 deaths at Brighton hospital

Police are investigating about 40 deaths at the Royal Sussex County Hospital, in Brighton, over five years.

The criminal investigation was prompted by claims made by two surgeons and first brought to the attention of the police by a coroner.

The Guardian newspaper’s website broke the news this evening (Friday 9 June). To read the Guardian story, click here.

It said: “Police are investigating about 40 hospital deaths over allegations of medical negligence made by two consultant surgeons who lost their jobs after blowing the whistle about patient safety.

“The allegedly botched operations took place at the Royal Sussex County hospital, in Brighton, part of University Hospitals Sussex NHS Trust when it was run by a management team hailed by Jeremy Hunt as the best in the NHS.

“Last week, detectives from Sussex Police wrote to the trust’s chief executive, George Findlay, confirming they had launched a formal investigation into ‘a number of deaths’ at the (Royal Sussex).

“They were investigating allegations of ‘criminal culpability through medical negligence’ made by ‘two separate clinical consultants’ at the trust, the letter said.

“It is understood about 40 deaths occurred between 2015 and 2020 after alleged errors in general surgery and neurosurgery departments.

“Both whistleblowers alleged the trust failed to properly investigate the deaths and learn from the mistakes made.”

The concerns echo those raised by the official health and care watchdog, the Care Quality Commission (CQC).

Questions from the Guardian prompted prompting University Hospitals Sussex NHS Foundation Trust chief executive George Findlay to email staff.

He wrote: “I wanted to make you aware that we have been contacted by Sussex Police about the deaths of a number of neurosurgery and general surgery patients at the Royal Sussex County Hospital between 2015 and 2020.

“The police have told us they are assessing allegations of medical negligence but also that their inquiries are at a very early stage and will not necessarily lead to any further action.

“I don’t have much more information about these inquiries right now but we will obviously be co-operating fully with the police and I’ll update you as I am able.

“The Guardian newspaper reported on the police’s decision to look into these allegations and further media coverage is likely over the coming days.

“You’ll be aware that our general surgery and neurosurgery services at the county have been the subject of intense scrutiny over the last year but recent feedback has recognised the positive progress being made by colleagues there.

“I am extremely proud of the huge strides those teams are making and of their continuing focus on providing the highest possible standards of care.

“As I say, I’ll update you as we learn more. In the meantime, there will be opportunities for affected teams to meet me to discuss any concerns, face to face, as soon as possible.

“There will also be an opportunity to ask any questions you have at next week’s all-staff briefing on Friday 16 June.”

The Guardian published a statement from Sussex Police: “Sussex police has received allegations of medical negligence at the Royal Sussex County Hospital, Brighton, and is currently assessing these allegations.

“The concerns raised relate to neurosurgery and general surgery in a period between 2015 and 2020.

“Inquiries are at an early stage and this does not necessarily mean this will lead to criminal prosecution.

“We are working closely with partner agencies and the hospital trust is co-operating fully with our review.”

According to the Guardian: “One of the whistleblowers, Krishna Singh, an eminent surgeon, claimed he lost his post as the trust’s clinical director after raising concerns about patient safety, citing some of the deaths now under investigation.

“He claimed that cost-saving changes at the hospital ‘were driven through that were grossly unsafe and ultimately drove up complication rates and patient mortality’.

“Singh claimed the trust had promoted insufficiently competent surgeons and overused insufficiently skilled locums.

“His employment tribunal hearing against the trust was adjourned this week because of the police investigation.”

The Guardian said that the employment judge, Daniel Dyal, had released a statement explaining the decision to adjourn, saying: “The police investigation overlaps significantly with the patient safety and mortality issues about which there is a lot of evidence in this case.”

The Guardian added: “Dyal revealed that it was the West Sussex coroner who had first reported allegations about the deaths to the police in April.

“He said the police investigation could lead to ‘charges of serious offences including, perhaps, gross negligence manslaughter’.

“Witnesses from the trust, including two senior clinicians, risked ‘prejudicing their position in future criminal proceedings’ if they gave evidence at the tribunal, he said.

“The statement said the trust accepted that Singh’s whistleblowing was a so-called public interest disclosure and it denied that this was why he lost his role as clinical director.

“The other whistleblower is understood to be Mansoor Foroughi, a consultant neurosurgeon, who was sacked by the trust in December 2021 after he raised concerns about 19 deaths and 23 cases of serious patient harm in the previous six years.

“A disciplinary hearing chaired by Findlay said Foroughi was dismissed because he had acted in bad faith.

“Foroughi’s concerns were set out to the trust in a 70-page dossier seen by the Guardian that details ‘worrying cases of mortality and permanent severe morbidity’.

“At least two of the deaths followed procedures by a surgeon who soon afterwards was diagnosed with Parkinson’s disease, the Guardian understands.

“Foroughi’s dossier also warned of ‘a constant threat of retaliation against those who raise legitimate concerns’.

“Last year, the British Medical Association, which is supporting Foroughi, wrote to the trust’s then chief executive, Marianne Griffiths, to protest at his treatment.

“The letter, from the then chair of the BMA, Dr Chaand Nagpaul, said Foroughi’s dismissal was ‘shocking’ and demanded his reinstatement.

“Nagpaul said Foroughi was raising concerns about ‘unsafe surgical practices, specific instances of poor outcomes including patient mortality, a climate of fear and blame and inadequate governance processes’.

“Nagpaul questioned the role of Findlay, who was then deputy chief executive at the trust, in Foroughi’s treatment.

“The letter said: ‘We believe the decision to dismiss Mr Forouhgi was entirely disproportionate and unreasonable. And all at a time when NHS whistleblowers face abhorrent treatment for raising legitimate concerns.’”

The Guardian also said: “Griffiths said she could not comment on the reasons for Foroughi’s dismissal because he was pursuing legal action against his treatment. She conceded he had an ‘unblemished record’.

“Griffiths, who was made a dame in 2018, retired as chief executive of the trust in 2022. She is currently chairing a review of allegations of a cover-up of medical errors at North East ambulance service.

“Last month the hospital regulator, the Care Quality Commission, called for rapid widespread improvement at the trust after finding that staff felt pressured into making unsafe decisions.”