Doc must pay 5.7% of £350k legal bills after failed tribunal

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Thursday, January 26, 2012
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The Sentinel

A DOCTOR has been told to pay just £20,000 of a legal bill of more than £350,000 run up by two hospitals.

The order was made against children's surgeon Shiban Ahmed, who had been taken to an employment tribunal by the University Hospital of North Staffordshire and Alder Hay Hospital, in Liverpool, in a bid to recover the costs..

Most of the £350,000 was built up as the trusts prepared to defend a case of discrimination he was bringing against them.

The consultant had made 101 allegations in two-and-a-half years, accusing managers of targeting him for his race, religion and beliefs and for blowing the whistle on standards.

A 20-day tribunal had been scheduled to start in October 2010, when he planned to sue the hospitals for £300,000.

But two days before it was due to start, an insurance firm funding his action pulled out as legal fees soared.

At a two-day tribunal costs hearing in Manchester last month, Mr Ahmed's lawyer, John Lisners, said the trusts were now pursuing him for the £350,000 estimated legal bill run up by the NHS.

He warned that if such 'horrendous costs' were awarded, they would bankrupt him and ruin his family and future.

But in a reserved judgment, the surgeon was made to pay each hospital £10,000. Tribunal judge Stuart Robertson accused Mr Ahmed, of Altrincham, of 'acting unreasonably in the scatter-gun way he approached the issues in the case'.

Admitting the costs order was cautious and conservative, he said: "I prefer to veer on the side of caution given the uncertainty about the extent of the allegations which the claimant ought not to have pursued at all or for as long as he did."

In his 16-page written judgement, Mr Robertson criticised Mr Ahmed for bringing "a multiplicity of allegations" without considering their merits and so it was appropriate he should pay costs.

Mr Ahmed, who has worked at UHNS for nearly five years, was suspended on full pay for 14 months following concerns about how his mental wellbeing could affect his clinical judgement. He faced no disciplinary action and returned to work in April 2010.

Mr Lisners had told the hearing in Manchester how the Muslim surgeon had to operate on two Muslim baby boys at UHNS after their religious circumcisions had been botched at a "back street clinic".

He then pushed to carry out religious circumcisions on other boys in the hospital.

Mr Ahmed, who was unavailable for comment, has been backed by Stone MP Bill Cash, who said: "If he is satisfied with this outcome, it is a kind of victory.

"But I still don't believe they should have pursued him for costs, particularly after the way he has been treated."

A UHNS spokesman said: "Public sector organisations have a duty to recover costs incurred where appropriate.

"We made an application that the doctor contribute to our costs in defending the claim which was withdrawn late in the process. That application has been successful."

Ian Syme, of campaigners North Staffordshire Healthwatch, said: "This is a poisonous victory for the NHS as hundreds of thousands of pounds still has to come from the pubic purse.

"Each hospital employed expensive legal teams against an individual with limited resources. They used a sledgehammer to crack a nut."

Earlier article:

Doctor faces £350k costs after tribunal

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6 Comments

  • Profile image for watchword

    by watchword

    Friday, January 27 2012, 12:25AM

    “Ian Symes is right, why do health authorities engage such expensive lawyers to defebd what appears to have been a wekk case.

    Could it be that they were intending to sue him for costs from the outset and that by engaging the mosy expensive lawyers, there intention was to put him under pressure to withdraw his claim!!

    I do not agee with people bringing frivilous claims before a tribunal, but neither do i expect a public body such as the two Trusts concerned to use a sledgemhammer to crack a nut. I susopect that the Tribunal also took this view.

    At the end of the day, this has cost the public purse over £330,000 and the only people to blame are the ones who instructed the lawyers. Perhaps we should reclaim this from their salaries!!

    It does seem to me that Managers in the health service are quite happy to sit back and comit such massive resources to this typoe of case because they are NOT accountable to anyone.

    In a recent article in "Private Eye" (July 2011), they have identified just how much money is spend by Health Trusts in agreeing compromise agreements. If a Trust has a good reason for terminating someones employment, then why pay out public money in the form of compromise agreements?

    Could it be that Managers today are so inept that they make decisions which they know are unfair and then rely on reaching a compromise to avoid public scrutiny or their decisions? Thjis comes at a cost to the taxpayer,

    In this case, and in my view, the tribunal clearly accepted that the Trusts had gone over the top and that they were not justified in incurring such high legal costs in defending this case.

    It is time that the general public stood up and ensured that their MP hold these NHS Managers to account for theoir actions. If they treated people fairly in the first instance then these situations would not occur and the money could be used for heatlhcare provisions, as it should be.

    We need to ask the people who made the decisions to invest such a significant amount of public money to resign as they are NOT fit for purpose.”

  • Profile image for yamerama

    by yamerama

    Thursday, January 26 2012, 5:48PM

    “Sorry, faraway1984, a spellchecker would not have picked this up as both words are spelled correctly.”

  • Profile image for faraway1984

    by faraway1984

    Thursday, January 26 2012, 4:19PM

    “Can someone use a spell checker?

    Ian Syme, of campaigners North Staffordshire Healthwatch, said: "This is a poisonous victory for the NHS as hundreds of thousands of pounds still has to come from the "pubic" purse.

    Rather than delete my comment, try editing your article. So it says public rather than pubic. Surely someone would have checked this before print?”

  • Profile image for faraway1984

    by faraway1984

    Thursday, January 26 2012, 4:02PM

    “Did Ian Syme really say PUBIC purse?”

  • Profile image for lungknot

    by lungknot

    Thursday, January 26 2012, 1:29PM

    “Ah, yes, but it would be racist to make him pay. It's only white indigenous people who have to pay anything fully.”

  • Profile image for KylePark

    by KylePark

    Thursday, January 26 2012, 11:28AM

    “And yet again it's the lawyers who win...”

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