Rebecca Beesley
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Solicitor | Medical Negligence
Operation Bramber – Police Investigation into Patient Care and Treatment at Hospitals in Sussex
It was recently reported by the BBC that a woman in Sussex, Charlotte Smart, is calling for medical professionals to be suspended during police investigations to safeguard both patients and practitioners.
It is understood that the woman’s mother “was paralysed and had to use a wheelchair following an operation at a hospital in Brighton”.
The BBC reports that Ms Smart has raised concerns around surgeons and consultant doctors who are under active investigation by the police.
Why Police Rarely Investigate Medical Negligence
Most cases involving substandard medical care are not investigated by the police. This is because medical negligence is typically a civil legal matter, not a criminal wrongdoing.
The police only investigate when there is a reasonable suspicion that a criminal offence may have been committed by an individual providing healthcare services that leads to—or significantly contributes to—the death or serious, life-changing harm of a patient.
In this context, only:
- Acts of deliberate harm, or
- Serious breaches of duty of care that result in death or life-changing harm and fall so far below expected standards
will amount to a criminal offence.
The Role of the General Medical Council (GMC)
The General Medical Council (GMC), the independent regulator for doctors, physician associates, and anaesthesia associates in the UK, can request an interim restriction on a clinician’s registration if it believes that a doctor poses “an immediate risk to patient safety”.
What Is Operation Bramber?
The BBC has reported that Ms Smart’s mother received treatment at the Royal Sussex County Hospital, part of University Hospitals Sussex NHS Trust.
Sussex Police launched Operation Bramber in June 2023, investigating at least 200 cases of alleged medical negligence across Sussex County Hospital and other hospitals in East and West Sussex operated by the Trust.
The investigation is examining concerns about:
- Avoidable harm
- Alleged cover-ups
- Incidents in neurosurgery and general surgery departments between 2015 and 2021
The Trust has stated that it closely monitors patient care and always acts on any concerns to ensure patient safety.
Patient Safety and Calls for Suspension
Ms Smart has argued that, given the trust placed in medical professionals, “When a surgeon or consultant is under investigation, especially for matters that threaten public safety, it is essential to suspend them from duties until the investigation is concluded.”
She believes this is key to protecting both patients and the integrity of the health system.
Current Status of the Police Investigation
According to the BBC, Sussex Police have so far indicated that medical expert reviews have not yet revealed evidence supporting a criminal investigation.
Operation Bramber is ongoing, and its final outcome remains to be confirmed.
Civil Negligence Claims vs. Criminal Prosecutions
Even if the police investigation does not result in criminal prosecutions, patients may still be able to bring civil clinical negligence claims.
To succeed in a civil claim, it must be proven that:
- The care or treatment provided fell below the standard expected of clinicians in that field of medicine; and
- But for the substandard care, the injury and harm would not have arisen.
Unlike criminal cases, civil claims only need to be proven on the balance of probabilities (more likely than not), rather than beyond reasonable doubt.
How We Can Help
If you are concerned about treatment you or a loved one received at University Hospitals Sussex NHS Trust, or any other NHS Trust, contact us on 0151 306 3694 to speak confidentially with a member of our specialist team.
We can assess your case and advise whether you may be able to bring a claim for compensation.
0151 306 3694 Online enquiry