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Alexander Harris solicitors represent 30 former patients of the ex-Consultant Obstetrician and Gynaecologist Richard Neale and have made submissions throughout the Inquiry on their behalf.

Richard Neale was struck off the medical register in July 2000 for a total of 34 counts of professional misconduct and dishonesty.

Alexander Harris were invited to attend a private reading of the Inquiry's report at 8.30am this morning. The report was officially published at 10:30am and can be accessed on the Department of Health's website at www.dh.gov.uk

Following publication of the report, solicitor Tim Annett of health law specialists Alexander Harris, said: "The Inquiry set up to investigate how the NHS handled allegations about the performance and conduct of Richard Neale has published its report today."

"The comprehensive report details a number of systemic failings, both within the NHS and other bodies such as the GMC, specifically in relation to issues of employment and complaints procedure."

"The Inquiry has found that those responsible for operating the system were not operating it as effectively as they should have been in order to guarantee patient confidence and safety."

"The Inquiry has also made a number of recommendations as to how the present system can be improved in order to avoid the series of errors that were made in this case."

"We hope the government will give serious consideration to the recommendations and that positive steps will be taken to change the culture that informs complaints handling within the NHS. In this way we hope that patient safety will be enhanced and that a more open attitude towards complaint handling will develop."

Notes to Editors:
Client Interviews / Further information
The clients we represent have not seen a copy of the report and will find it difficult or inappropriate to comment on its content. If you would like further information please contact the media management department at Alexander Harris on 08700 77 88 77.

Background
Richard Neale was a Consultant Gynaecologist & Obstetrician who, having trained in the UK went to practice in Canada in the 1970s. In 1979 he was subject to censure by the medical authorities in the district of British Columbia for poor judgment and poor surgical procedure. It was decided that he should either undergo a further period of training or withdraw from practice. As a result Neale left British Columbia to practice in Ontario, and in 1985 was subject to further disciplinary proceedings before the College of Physicians & Surgeons of Ontario. On this occasion Neale was found to have caused the death of a patient by the unauthorised administration of prostaglandin during labour. Neale was found to have been incompetent, and his licence to practice in Ontario (and hence in the rest of Canada) was duly revoked.

Prior to this decision being made, Neale left Canada to return to the UK, where in 1984 he secured a consultancy at the Friarage Hospital in Northallerton, part of the Yorkshire Regional Health Authority. His Canadian history was not disclosed at that time, although the Canadian Medical Council did write to the GMC to inform them that Neale had been struck off the medical register in Canada. Amazingly no action was taken, as the GMC apparently failed to realise that Neale was already registered to practice medicine in the UK. Had they realised he was already registered in the UK further investigations should have been instigated, and would probably have resulted in a public hearing before the Professional Conduct Committee. This could have led to Neale being struck off the medical register in the UK at a much earlier stage, but as it was he was able to carry on working as a doctor until he was eventually struck off in July 2000.

In 1987 Neale applied to have his Canadian licence re-instated, with the full support of the Yorkshire Regional Health Authority. This application was refused, and the comment of the Committee who considered that application was:

"The Committee was not convinced by Dr Neale's proposition that he was a skilled and caring practitioner ... On the basis of deep-seated attitudinal and judgemental qualities, it was felt that Dr Neale does not qualify for licence reinstatement. It was felt that his character was fixed and that he is unlikely to change."

It appears that the Yorkshire RHA were not aware of the full circumstances of Neale's Canadian history, and acted under the mistaken belief that the GMC had looked into this and decided to take no action.

Over the next 8 years Neale continued to work at the Friarage Hospital and in private practice, until he left Northallerton in 1995 following an agreed settlement and reference. During this time numerous complaints had been made against Neale, both in relation to the standard of his work and his attitude towards patients. It is perhaps of note that Neale was working in a very small department, and carried out relatively specialist procedures, so the opportunities for peer-review of his clinical practice was minimal. Neale subsequently worked in Leicester, London and the Isle of Wight before a warning was issued by the Department of Health in 1997 to the effect that Neale should no longer be employed within the NHS. For the next 3 years Neale continued to work in private practice until eventually being struck off the medical register in July 2000 for a total of 34 counts of professional misconduct and dishonesty.

Alexander Harris
'A highly respected niche practice' Alexander Harris is ranked as one of the leading specialist clinical negligence firms and amongst the leading firms specialising in personal injury (Chambers / Legal 500 2003/4). Alexander Harris also specialise in dental negligence, Inquests, Inquiries and investigations, pharmaceutical product liability, injury overseas, education and mental health. With offices in the North West, central London and the West Midlands and over 160 staff, Alexander Harris' latest news can be found on the Internet at www.alexanderharris.co.uk.

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