PATIENTS affected by the neurology recall scandal are to seek a legal challenge in their next stage for justice.
Last month, the Medical Practitioners Tribunal (MPT) approved Dr Michael Watt's application for voluntary erasure.
This week, the General Medical Council (GMC) informed the neurology scandal victims and their families that they will not challenge the tribunal's decision.
New Lodge woman, Danielle O’Neill (39), underwent an invasive procedure known as an epidural blood patch and was prescribed the wrong drug treatments while under Dr Watt's care.
The biggest recall of patients in the history of the Health Service in the North began in May 2018 and, to date, has resulted in 1,171 patients being identified as having had an insecure or uncertain diagnosis of their neurological condition by Dr Watt.
A further 1,089 patients were regarded as having inappropriate or uncertain prescribing for their condition, while 1,065 patients were regarded as having an improper or uncertain management plan regarding their condition following appointments with Dr Watt.
Reacting to this week’s decision by the GMC, Danielle told the North Belfast News it effectively means Dr Watt will not be held accountable for his wrongdoings.
“I went to Nichola Mallon in 2017 when I got a letter to say my epidural blood patches were being investigated,” she explained.
“From then, I have been at the forefront of the campaign to hold Dr Michael Watt to account.
“The onus has been put back onto patients following the decision by the Medical Practitioners Tribunal’s decision to approve Dr Michael Watt's application for voluntary erasure.
“Throughout this process, patients have been told the General Medical Council would hold account Dr Watt for his wrongdoings and now we are being told he will not be held account.
“He has been effectively taken off the register with no black marks against his name.”
Claire McKeegan, Solicitor, Phoenix Law is awaiting a report outlining the decision from both the MPT and GMC but says legal action is likely.
“We have requested a full copy of the decision and full rationale of allowing the decision of voluntary erasure of Dr Watt,” she said.
LEGAL CHALLENGE IMMINENT: Solicitor Claire McKeegan of Phoenix Law
“We have still yet to receive a full decision and we will be instructed to issue a legal challenge of some sort, perhaps in the shape of a judicial review.
“We will have a look at the reasons and ensure we can mount a strong legal challenge.
“Many of these recall patients have been harmed and traumatised by the experience they had as a patient of Dr Michael Watt. The patients put their trust in the various inquiries which were set up to investigate the neurology scandal associated with Dr Watt.
“The decision to grant Dr Michael Watt voluntary erasure was devastating and traumatic to patients. Patients now fear that opportunities for accountability have dissolved and that Michael Watt will never be held accountable for his actions. It was a devastating outcome and a travesty of justice."
North Belfast Sinn Féin MLA Carál Ní Chuilín, who met with Danielle this week said patients are “very concerned”that they will not get the truth about what happened to them.
“This decision by the General Medical Council is another massive disappointment for the patients of Dr Watt and their loved ones,” she said.
Great meeting this morning with @PaulMaskeyMP @johnfinucane @CaralNiChuilin to discuss all things neurology recall related. @the_mpts need to overturn their disgraceful decision to allow Michael Watt to voluntarily erase himself! Patients deserve better #TimeForAnswers
— Danielle O'Neill (@DanielleONeill5) November 2, 2021
“These decisions are further compounding the stress and suffering of victims and their families who have already gone through so much.
“These are patients who have suffered grievous trauma as a result of misdiagnosis and inappropriate treatment. It is unacceptable that they are still waiting for truth and accountability.
“These victims and their families are entitled to a thorough and transparent process that fully investigates this scandal and leaves no stone unturned in establishing the truth.
“Sinn Féin will continue to support the victims and their families in their campaign for truth and accountability.”
Outlining their decision, a GMC spokesperson said: "We have reluctantly concluded that there is no realistic prospect that we could bring a successful challenge. This means that we will not be seeking a judicial review of the tribunal’s decision.
"We know that patients will be disappointed by this news and we apologise for any distress this may cause.
"The GMC does not have the power to appeal against decisions by a tribunal to grant an application for voluntary erasure."
