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The total cost to date of all the legal fees incurred by HSS Department in relation to Mrs. Rourke and the exclusion of a Hospital Consultant Gynaecologist

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1240/5(5096)

WRITTEN QUESTION TO THE MINISTER FOR HEALTH AND SOCIAL SERVICES BY THE DEPUTY OF ST. MARTIN

ANSWER TO BE TABLED ON TUESDAY 2nd FEBRUARY 2010

Question

  1. W ill the Minister give the total cost to date of alllegalfees incurred by the Health an dSocial Services Department in taking advice and representing theDepartment in relation toMrsRourke and the exclusion of a HospitalConsultantGynaecologist?
  2. W ill the Minister provide -

(i ) a breakdown as to whom the fees were paid and monies received?

(i i) the cost of all the enquiries/investigations undertaken in relation to the above two p ersons? (i ii ) the details of the various review bodies appointed and monies received?

(i v ) the total cost in salaries paid to the excluded Consultant and to the various  staff employed to

cover his absence from work?

  1. W ho wasresponsible for theoversightof the expenditure? Answer
  1. The Health andSocialServicesDepartmenthasincurred legal fees to the sum of £136,953.05 in relation to advice received andtherepresentationof the Department in respect to the death ofMrsRourkeandthe exclusion of the ConsultantGynaecologist.
  2. (i) T helegalfees were paid to a single law firm,Backhurst,Dorey and Crane.

(i i)    E nquiries and investigations have been undertaken by:

Verita at a cost to date of £558, 430.29

HannahGoodwin, who were commissioned by the States Employment Board to look at the procedure adopted when the Consultant Gynaecologist was excluded. Their review is yet to be

completed and the total cost is not expected to exceed £40,000 Mr K Hutchinson, an independent Human Resource professional, who was asked to review the need for a disciplinary procedure. His fees were £6,750.

  1. R eview bodies were consulted in accordance with the policy for handling concernsand disciplinary procedures relating to the conduct and performance of doctors and dentists. This included consultation with the National Clinical Assessment Service (NCAS) with whom HSSD have a standard contract for services in place, at anannual cost of £16,200. This contract allows HSSD to consult with NCASon all matters arising in relation to clinicalperformance.The General Medical Council were alsoconsulted and this incurred no charge.
  2. To date,thetotal salary costs for the excludedconsultantand staff employed tocoverhisabsence are £760,372
  1. Expenditure was authorised andmonitoredbytheincumbent Chief Officer andsinceAugust2009bythe Acting Chief Officer.