Great Ormond Street Hospital has launched an urgent review into the cases of over 700 children following concerns about their former orthopaedic surgeon, Yaser Jabbar.
Children treated at Great Ormond Street (GOSH), one of Britain’s best loved children’s hospitals, have been left injured following botched or unnecessary surgeries to treat conditions like limb length difference, club foot and dysplasia.
Some injuries have been life changing, like the young child who had an avoidable amputation, or another who was left with a 20 centimetre discrepancy between the length of their legs.
Yet another NHS scandal
What’s happened at GOSH is yet another scandal to rock the NHS. It somewhat feels like Groundhog Day: another day, another controversy within the health service.
Shipman, Mid Staffs, Morecombe Bay and the ensuing maternity failings, rogue breast surgeon Ian Paterson, physician associates, the infected blood scandal. The list keeps getting longer.
The NHS seems to be plagued by a mix of heroism and negligence. For all the saint-like doctors, surgeons and nurses who are dedicated and truly have patients’ best interests at heart, the news continues to highlight those who fail in their duty of care.
Patients’ concerns aren’t listened to. Staff shortages are impacting care standards. Poor leadership is trickling down to the healthcare professionals on the front line. Plus, there remains the overriding lack of accountability and defensive nature when responding to complaints.
The news about Yaser Jabbar comes in the same week that the prime minister announced his government will be ‘reimagining’ our broken NHS following the release of Lord Darzi’s investigation.
So, the question to be asked is: why aren’t lessons being learned?
Who is Yaser Jabbar and what happened at GOSH?
Yaser Jabbar is an orthopaedic surgeon who was employed by Great Ormond Street Hospital between 2017 and 2023. His patients were as young as four months old. He stepped down in September last year following an 11-month sabbatical on full pay.
He had been on leave after concerns about his practice were raised by patient family members and hospital staff, including fellow surgeon and whistle blower, Sarah McMahon.
Jabbar was said to have exhibited “unacceptable and unprofessional behaviour”, including being aggressive and threatening towards staff. An investigation commenced in 2022 after McMahon wrote to senior managers.
In April this year, the Royal College of Surgeons England (RCS) launched a review into 721 cases of patients previously treated by Jabbar.
Part of this review was leaked to The Sunday Times in September. Their report highlighted various factors including unacceptable assessments, clinical decision making and treatment of patients. In some cases, surgeries were not justified or had no clear benefit.
Jabbar specialised in lower limb reconstruction and was colloquially referred to as ‘the frame guy’ after becoming well-known for his leg straightening and limb lengthening techniques. He would treat various congenital disorders such as club foot, Blount’s disease and skeletal dysplasia.
The Sunday Times reported that there was a lack of communication with families, poor record keeping, issues with ensuring consent was provided for treatment, and there were failures to inform parents of any post-surgical complications that could arise.
Of the 37 cases already reviewed, the RCS have found that 22 children came to some degree of harm: nine of which was low to moderate, and 13 of which was severe with life-long injuries.
Children have been left with muscle damage, nerve injuries, permanent deformities, and, in one case, amputation. Some are living with chronic pain years after their operations and have endured multiple follow-up surgeries. Sky News spoke to the mother of an 11-year-old girl who needed a wheelchair for almost two years after surgery performed by Jabbar.
GOSH has apologised to the patients who received poor care for “the worry and uncertainty this review may cause them.” An executive summary of the report is expected to be released in December, with the full review lasting for 18 months.
In January, Mr Jabbar gave up his licence to practise in the UK, according to the General Medical Council website. He is now thought to be living and working in Dubai.
Following the publication of the allegations against him, the Middle East and North Africa (MENA) orthopaedic congress he was set to speak at next July has dropped him from their line-up.
Important reminders for patients following the GOSH investigation
One of the main reasons we, as clinical negligence lawyers, are instructed by families is because they wish to ensure other people are not harmed by those same mistakes.
Great Ormond Street is a world-renowned hospital that has a long-standing reputation for providing outstanding paediatric care. So how was this able to happen? And how do we stop it happening again?
Parents put their trust in medics at GOSH to do what’s best for their poorly children. But it serves a stark reminder of the importance of advocating for your child’s health.
Here are some underpinning principles that all patients and their families should be mindful of.
Informed Consent
Jabbar carried out operations for which he had not sought proper consent.
The principle of consent is an important part of medical ethics and international human rights law. It means that has given permission a person to receive any type of medical treatment, test or physical examination.
For consent to be valid, it must be voluntary and informed, and the person consenting must have the capacity to make the decision.
Children under 16 can consent to their own treatment if they're believed to have enough intelligence, competence and understanding to fully appreciate what's involved in their treatment. Otherwise, someone with parental responsibility, such a mother, father or legal guardian, can consent for them.
Medics should provide patients with impartial information about what the treatment involves, including the benefits and risks, whether there are any alternative treatments, and what will happen if treatment does not go ahead.
A patient’s decision must be respected, whether or not a medic agrees with it. Doctors cannot rely on assumptions about a patient’s needs or wants and neither should they use language or dialogue to influence a decision based on their own beliefs or preferences.
Martha's Rule and the right to a second opinion
Parents of children told staff they did not trust Jabbar and asked for it to be arranged for them to see other surgeons.
Patients have the right to a second opinion, but not many people know this or feel comfortable seeking a second opinion.
In April, the NHS rolled out Martha’s Rule, a new initiative where seriously ill patients and their loved ones have the legal right to an urgent second opinion by an independent team of doctors if requested.
Martha’s Rule was established in memory of Martha Mills, a teenager who died of sepsis in 2021 after her family’s concerns about her deteriorating condition were not responded to.
The General Medical Council, which regulates doctors, state that all doctors must ‘respect the patient’s right to seek a second opinion’. Before asking for a second opinion, ask your consultant to go over your diagnosis and explain anything you don’t understand. If you’re unhappy with your diagnosis or would like to consider a different course of treatment, discuss this with them.
In many cases, patients also have the legal right to choose where to have their NHS treatment. Under the NHS Choice Framework, the NHS is offering more and more options to enable you to make choices that best suit your circumstances, giving you greater control of your care, and hopefully better results.
Duty of Candour
A number of staff at GOSH raised concerns about Jabbar more than once, verbally and in writing. They were met with either a lack of decisive action or, in some cases, no response at all. On other occasions it was considered by staff that leaders did not take responsibility and placed the blame elsewhere. The RCS said the trust needed to improve its “manner and tone” in responding to complaints.
Duty of candour is a statutory duty that medical professionals must adhere to in terms of being open and honest with patients or their families when something goes wrong that appears to have caused or could lead to significant harm in the future.
It came into force in 2014 and applies to all CQC registered health and social care organisations in England.
Patients should be informed in person about what happened in as much detail as possible, and in a sensitive way. This should happen as soon as reasonably practical after the incident is known about and should include an apology. A written account and formal apology should follow.
Patients should also be informed about what will happen next, for example what safety measures will be taken or what enquiries or investigation will be carried out. They should also be signposted to any appropriate support services, such as counselling
If any organisation registered with the CQC fails to comply with the duty of candour, they could face regulatory action from the CQC and, in the most serious or persistent cases, even criminal prosecution.
Will children be entitled to compensation?
As the independent investigation progresses, there is no doubt that more cases will come to light of children who suffered avoidable harm due to Yabbar’s actions.
There will inevitably be many medical negligence compensation claims that arise from this.
If your child was a patient of Yabbar’s at Great Ormond Street Hospital between 2017 and 2022, and you have any concerns over their treatment, please do not hesitate to contact our specialist medical lawyers for an initial no obligation chat about your child’s experience.
Medical Solicitors is a law firm that specialises in medical negligence claims. We support patients and their families who have been harmed by medical negligence to seek compensation for their injuries via the claims process.
One of our team can explain the process and what’s involved, including how we can apply for your child’s medical records to assess whether their care or treatment at GOSH was negligent. We also work with various orthopaedic specialists who can provide impartial opinions on whether a child’s treatment was necessary or substandard.
For medical negligence claims relating to children, the three-year time limit doesn’t begin until their 18th birthday. If a child is disabled, time may never run out for a claim.
Our friendly and compassionate team have extensive experience of helping children and the disabled who have suffered from negligent medical treatment. We conduct most of our claims under ‘No Win, No Fee’ agreements, also known as Conditional Fee Agreements, so there are no upfront costs for our legal services.
Any compensation a child receives will be held in a trust by the Court until they are 18. But in some circumstances, it may be possible to demonstrate to the Court that it should be invested elsewhere or a portion paid out to the child before their 18th birthday. More advice about managing a child’s compensation can be found here.