GMC clears head of Alder Hey of professional misconduct
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《英国医生杂志》
The former medical director of Alder Hey Hospital, Dr John Martin, took "inappropriate and inadequate" steps when he learned that the hospital抯 pathologist was storing children抯 organs without permission, but his omissions did not add up to serious professional misconduct, the General Medical Council has decided.
Dr John Martin, medical director of the hospital until his retirement in 1997, was one of 17 doctors from the hospital referred to the GMC in the wake of the organ retention affair. After preliminary investigation, only three cases came to a full hearing of the Professional Conduct Committee. Professor Dick van Velzen, the pathologist who stored the organs, was barred from practising in Britain. Consultant paediatrician Andrew Selby was cleared last year of misleading parents about postmortem examinations. Dr Martin was the third and last to face the committee.
Andrew Collender, for the GMC, told the hearing that Dr Martin first heard of problems in the hospital抯 pathology services in 1991, when he received a written report from Professor van Velzen. Mr Collender also said that Dr Martin failed to take proper action when he heard in 1994 that Professor van Velzen had ignored the provisions of a parental consent form in retaining the organs of a 15 year old boy.
The committee抯 chairman, Professor Denis McDevitt, told Dr Martin: "We accept that you made limited investigations and that you ensured that the relevant professionals, the parents, and the patient抯 GP were fully informed of the situation as it was outlined to you. We consider that more thorough investigations should have been made and steps taken to ensure that this situation never happened again. We have therefore judged your actions to be inappropriate and inadequate."
"However, taking into account the circumstances prevailing at the time, we do not consider your actions could be considered to be a serious breach of your responsibilities as a medical director. We have therefore concluded that the facts found proved are insufficient to support a finding of serious professional misconduct."
Alder Hey released the following statement: "We acknowledge the outcome of the GMC hearing. Dr Martin retired from the trust in 1997 having made a significant contribution over many years to the trust and the NHS, particularly in the development of cancer services for children and young people."
"Practices and procedures have changed over recent years at the trust, with new procedures for consent in place, a new bereavement care service and a whole new senior management team. The trust would like to take this opportunity to offer further reassurance that these new practices and procedures are continually and closely monitored, evaluated, and improved."
The hospital has offered a full apology to parents and a cash settlement likely to total over ?m ($8.8m; �7.1m). The government plans to introduce a new human tissue bill that could invoke prison sentences for doctors who remove and store organs without appropriate consent.
Research published recently in the BMJ suggests that since the Alder Hey affair became public, more parents have been declining postmortem examinations for fetuses aborted as a result of potential birth defects (doi:10.1136/bmj.37939.570104.EE (published on Online First, 8 December 2003)).(London Owen Dyer)
Dr John Martin, medical director of the hospital until his retirement in 1997, was one of 17 doctors from the hospital referred to the GMC in the wake of the organ retention affair. After preliminary investigation, only three cases came to a full hearing of the Professional Conduct Committee. Professor Dick van Velzen, the pathologist who stored the organs, was barred from practising in Britain. Consultant paediatrician Andrew Selby was cleared last year of misleading parents about postmortem examinations. Dr Martin was the third and last to face the committee.
Andrew Collender, for the GMC, told the hearing that Dr Martin first heard of problems in the hospital抯 pathology services in 1991, when he received a written report from Professor van Velzen. Mr Collender also said that Dr Martin failed to take proper action when he heard in 1994 that Professor van Velzen had ignored the provisions of a parental consent form in retaining the organs of a 15 year old boy.
The committee抯 chairman, Professor Denis McDevitt, told Dr Martin: "We accept that you made limited investigations and that you ensured that the relevant professionals, the parents, and the patient抯 GP were fully informed of the situation as it was outlined to you. We consider that more thorough investigations should have been made and steps taken to ensure that this situation never happened again. We have therefore judged your actions to be inappropriate and inadequate."
"However, taking into account the circumstances prevailing at the time, we do not consider your actions could be considered to be a serious breach of your responsibilities as a medical director. We have therefore concluded that the facts found proved are insufficient to support a finding of serious professional misconduct."
Alder Hey released the following statement: "We acknowledge the outcome of the GMC hearing. Dr Martin retired from the trust in 1997 having made a significant contribution over many years to the trust and the NHS, particularly in the development of cancer services for children and young people."
"Practices and procedures have changed over recent years at the trust, with new procedures for consent in place, a new bereavement care service and a whole new senior management team. The trust would like to take this opportunity to offer further reassurance that these new practices and procedures are continually and closely monitored, evaluated, and improved."
The hospital has offered a full apology to parents and a cash settlement likely to total over ?m ($8.8m; �7.1m). The government plans to introduce a new human tissue bill that could invoke prison sentences for doctors who remove and store organs without appropriate consent.
Research published recently in the BMJ suggests that since the Alder Hey affair became public, more parents have been declining postmortem examinations for fetuses aborted as a result of potential birth defects (doi:10.1136/bmj.37939.570104.EE (published on Online First, 8 December 2003)).(London Owen Dyer)