10 October 2024

Disgraced breast surgeon declines to give evidence ahead of multiple inquests

10 October 2024

Jailed breast surgeon Ian Paterson has refused to attend to give evidence at inquests into the deaths of 62 of his patients, claiming he has “inadequate facilities” to prepare for the hearings.

Paterson had been invited to appear at Birmingham Coroner’s Court by prison video-link on Thursday to address “generic matters” concerning his clinical practice, ahead of full inquest hearings expected to start next week.

The 66-year-old is serving a 20-year custodial term after being convicted of multiple counts of wounding in 2017.

There is no prospect of Mr Paterson's legal representatives having adequate time and facilities to prepare for the hearings that are currently timetabled

Coroner Richard Foster was told Paterson did not intend to attend the hearing and had lodged an application to revoke a witness summons issued to him earlier in the proceedings.

In a letter to the court, sent on his behalf at 11pm on Wednesday, a lawyer acting for Paterson submitted that health concerns, a lack of legal representation and “inadequate facilities to prepare” for the inquests meant his witness summons should be withdrawn by the coroner’s court.

The application added: “There is no prospect of Mr Paterson’s legal representatives having adequate time and facilities to prepare for the hearings that are currently timetabled.”

The application was not intended to be in any way obstructive, the submission said, adding: “It has been noted before and bears repeating that Mr Paterson wants to participate in these inquests.

“In the circumstances that currently prevail, it would be unreasonable to ask Mr Paterson to comply with the Schedule 5 Notice (the witness summons).”

The coroner, who will rule on Paterson’s application to have the summons revoked later on Thursday, ruled earlier this week that he had no powers to grant legal funding to the disgraced surgeon.

During preliminary legal arguments on Monday, Judge Foster also rejected an application from Paterson to delay the inquests.

Judge Foster said he had “gone to immense lengths” to ensure Paterson had facilities to prepare for the inquest, including making arrangements for him to have hard copies of written material.

Linda Millband, head of group claims at Thompsons Solicitors, is representing 14 families involved in the coroner’s investigation.

In a statement issued after Paterson opted not to give evidence, Ms Millband said: “Whilst we wouldn’t normally comment during an inquest hearing, I would like to make clear how deeply disappointed my clients are by Paterson’s refusal to attend the inquests into the deaths of 62 of his patients.

“His absence is a disservice to the families who have already endured unimaginable pain and suffering following the deaths of their loved ones. These families deserve to know how their loved ones died and what were the causes.

“The claim that Mr Paterson lacks adequate facilities to prepare for the hearings is unacceptable. The court has made extensive efforts to ensure he has access to the necessary resources, and his continued attempts to evade participation only add to the distress of those families whose loved ones have died.”

During oral submissions invited by the coroner, several family members urged the coroner to continue with the hearings as planned.

Stephen Baker, the husband of Christine Baker, who died in 2015, addressed the coroner by video link.

“They (the families) have been through hell in the past,” Mr Baker said. “Lots of the friends and families of the 62 are now receiving counselling. I think it’s unacceptable to put them through the increased stress of delaying the inquests.”

Paterson was employed by the Heart of England NHS Foundation Trust and practised in the private sector at Spire Parkway and Spire Little Aston.

Paterson was appointed as a consultant at Solihull Hospital in 1998 and practised there until May 2011.

More than 560 patient deaths have been considered so far by a multi-disciplinary team of medical experts, leading to the opening of 62 inquests.

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