£5k Fine for Spire Welcomed by Lawyers Acting for Victims of Disgraced Surgeon

Response to the Judgment

Speaking on the matter, Sarah Dronsfield (Head of Hospital Inspection for CQC) said it sends a ‘clear message’ that as the independent regulator of health and social care in England, it will ‘not hesitate’ to act in these circumstances.

Here at Simpson Millar, we welcomed the landmark judgment which came one year after the firm first requested Spire to do more in respect of contacting those potentially impacted by the actions of shoulder surgeon Michael Walsh.

We have recently settled a claim against Spire on behalf of one victim of clinical negligence who continues to suffer pain and restricted mobility following surgery carried out by Mr Walsh and we have been instructed to investigate several other claims against the company regarding unnecessary or inappropriate shoulder procedures, and finger surgeries.

One of our Medical Negligence Solicitors explained:- “A Duty of Candour investigation is intended to provide an open and frank assessment of what happened. Where failings and avoidable harm have occurred, a ‘notifiable safety incident’ is triggered and should be investigated.

“Primarily, this should ensure that lessons are learned, that vital changes in procedures and policies are made, and that patients are notified so that they can receive the emotional and physical care and support that they need as a result of the negligent treatment that they received.

“Failing to comply with the regulations should come with a penalty such as this, and it is heartening to see that a prosecution was brought as it sends a clear message to other healthcare providers – private or otherwise – that the Duty of Candour has teeth.

“We’re currently instructed to act on behalf of several people who have been made aware of the concerns regarding Michael Walsh, and the symptoms described by those individuals are strikingly similar.

“Certainly, in the cases we are now handling the symptoms are very debilitating, and the restriction to movement and pain experienced is having a big impact on our clients’ lives – both personally, and professionally."

Simpson Millar is also representing clients who were contacted by Spire Parkway Hospital in Solihull regarding a review of their potentially negligent treatment whilst under the care of once trusted Consultant Orthopaedic Surgeons- Habib Rahman.

Recent Updates

Michael Walsh is still facing serious allegations as of January 2024 and in December 2023, he officially resigned from the medical register. He had worked at the Spire Hospital for 25 years and was suspended in 2018 over these allegations.

In 2021, a Court heard that Michael Walsh’s work “had a pattern of poor practice” with one patient still suffering pain after 14 operations on their wrist, shoulder and elbow.

A report by the Medical Practitioners Tribunal Service, external (MPTS) released that Mr Walsh was attending a hearing on 6 November 2023, where he urgently required medical attention. This resulted in proceedings being suspended. Soon after, he applied to remove his name from the General Medical Council (GMC) register, with the tribunal stating that he was "now in his late sixties" and would not be returning to medicine.

Since 2020, there has been almost 50 patients of Mr Walsh who have been contacted for a review of their treatment and there could still be more. If you have had any treatment whilst under the care of Mr Walsh then please reach out to our Medical Negligence Solicitors.

Contact Us

Official figures published in The Times in April 2023 show that the NHS spent £160 million paying bereaved families for failures resulting in death, including after equipment malfunction, bacterial infection and medication errors – demonstrating that medical negligence is a growing claims process.

If you have been affected by clinical negligence, you could be eligible to claim compensation. Our specialist Hospital Negligence Solicitors can offer you a free assessment and will guide you through the process of making a claim.

We have recovered hundreds of millions of pounds in compensation for people who have suffered as a result of medical negligence. We have also helped many claimants access the specialist care, treatment and rehabilitation they needed to rebuild their lives following these events. Call us on 0808 239 6043 and let us help you.