Consultant Ian Stuart Paterson carried out unnecessary procedures on 10 patients but could have more than 1,000 victims

The NHS has been forced to pay out almost £10m in compensation to more than 250 patients of a rogue surgeon found guilty of carrying out needless breast operations on patients who were left traumatised and scarred.

Consultant surgeon Ian Stuart Paterson, 59, was convicted on Friday of 17 counts of wounding with intent, relating to nine women and one man. He was also convicted of three further wounding charges.

Jurors at the seven-week trial at Nottingham crown court decided the surgeon carried out “extensive, life-changing operations for no medically justifiable reason” on the 10 patients between 1997 and 2011.

He could have more than 1,000 additional victims, among them hundreds of private Spire Healthcare patients who may never be compensated for botched and unnecessary surgery.



Ian Paterson: the 'likable' breast surgeon who wounded his patients Read more

Paterson, described in court by one victim as being “like God”, lied to patients and exaggerated or invented the risk of cancer to convince them to go under his knife.

The jury at Nottingham crown court heard the surgeon, who saw hundreds of patients a year, carried out the operations for “obscure motives”, which may have included a desire to earn extra money.

Paterson, wearing a black suit, blue shirt and red tie, sobbed as the jury returned the guilty verdicts.

Judge Jeremy Baker released the surgeon on conditional bail ahead of sentencing in May, telling him he faced a custodial sentence. The maximum sentence for wounding with intent is life.

One patient who gave evidence in the trial had 27 biopsy cores taken from her healthy right breast, which one expert told the court were random, and had “absolutely not” received medical best practice.

In tears, Frances Perks told the jury Patterson had conned her into thinking she was high risk and that he had destroyed her life. “He’s a psychopath. Why would anyone in their right mind do operations to people knowing that they didn’t need them?” she said, adding that she hoped he would rot in hell.

A number of Paterson’s former patients have died since being treated by him. Concerns were raised about his practice of carrying out so-called “cleavage-saving mastectomies”, which left behind tissue. This method meant that the chances of a relapse within five years doubled. One patient, Michelle Flavelle, died five years after Paterson treated her when her cancer spread to her liver, though it was not possible to establish a definitive connection.

Paterson denied misrepresenting patients’ test results to dupe insurers into paying for surgery, but other former patients have told the Guardian he exaggerated or invented the risk of cancer and, in some cases, claimed payments for more expensive procedures than those he had carried out.



Ch Supt Mark Payne called Paterson a “controlling bully, who played God with people’s lives so he could live a luxurious lifestyle”.

“The procedures carried out by Ian Paterson on vulnerable patients were unnecessary and caused physical suffering, scars and wounds to the patients,” he said.

“Also, as a result of his greed and arrogance, many of the patients have suffered psychologically, believing they needed to undergo the procedures because they were at risk from breast cancer.”

There were no depths he wouldn't go to, says Ian Paterson surgery victim Read more

Paterson was employed by the Heart of England NHS trust in 1998 despite having previously been suspended from Good Hope hospital in Sutton Coldfield, Birmingham. He also practised at Spire Healthcare hospitals in the Midlands over a 13-year period.



The NHS has so far paid out around £18m including £9.5m in damages, settling 256 cases, with 25 outstanding, the Guardian has learned. Hundreds of Paterson’s private patients may never see a penny after his insurance company, the Medical Defence Union, said its cover was “discretionary” and had been withdrawn.

Paterson had a limited separate insurance policy of £10m, which solicitors say will not nearly cover the compensation and costs of all private patients. Another 350 people are still suing the NHS and Spire Healthcare over treatment in private hospitals where Paterson also practised.

Spire Healthcare, which runs Parkway and Little Aston hospitals have settled some cases, but argue that as Paterson was not technically their employee, they are not responsible for his actions. The company would not divulge any details about the compensation paid.

A Spire spokesman said: “What Mr Paterson did in our hospitals, in other private hospitals and in the NHS, absolutely should not have happened and today justice has been done.

“We would like to reiterate how truly sorry we are for the distress experienced by any patients affected by this case.

“We can say unequivocally that we have learned the lessons from these events. We commissioned a thorough independent investigation and have fully implemented all of the recommendations.”

Sarah Jane Downing, who set up a petition demanding compensation for Paterson’s private victims, said she had been left “shocked and appalled” at the lack of redress.



Facebook Twitter Pinterest Sarah Jane Downing said Paterson’s private patients ‘bought into those promises in the glossy brochures’. Photograph: Teri Pengilley/The Guardian

“Many of these people chose private healthcare because they bought into those promises in the glossy brochures. And now we have realised that those promises are not worth the paper they are printed on. It’s utterly devastating,” she said.

At a recent coffee morning for former Paterson patients, many described the consultant’s “brilliant” bedside manner. “He was so lovely, I thought I was so lucky. I thought I was being looked after,” said Elaine Diskin, whom Paterson operated on eight times in as many years.

Her husband, Mike, also respected for the surgeonto the extent that when he had a pain in his chest, he went to Paterson and did not hesitate when he said he suspected lipoma and that they “had to get it out”.

“Sinister was the word he used,” Mike Diskin said. “I had no reason to doubt him because he was looking after Elaine so well.”

They trusted Paterson so much that they also recommended his care to a friend, who went on to have a lump removed. “We used to joke that we’d paid for his skiing holidays,” Elaine Diskin said.

After the Diskins were recalled for a review of their treatment in 2012, they discovered that at least seven of the eight operations Paterson had performed on Elaine, along with those on her husband and their friend, were unnecessary.

A civil case with seven test cases, which will determine to what extent Spire, the Heart of England NHS Trust and Paterson can be held liable, is scheduled to be heard in October, but looks likely to be delayed. The outcome will affect all the private patients who have brought civil claims and fear they may receive nothing.

It is believed that Spire has made a handful of payments, the largest about £150,000, including for unnecessary removal of lumps and “cleavage-sparing mastectomies”, a controversial operation that left breast tissue behind after the removal of cancerous cells.

Kashmir Uppal of Access Legal has worked with Paterson’s former patients since 2010. She said his actions had terrible consequences for her clients. “I am pleased that the jury have found him guilty and hope that this verdict will start the process of closure for his victims and early settlement of their civil claims,” she said.



“However, we now need a full public enquiry to ensure tighter regulation of patient care in the private sector, and to prevent this happening in the future.”



Lesley Cuthbert, who did not feature in the trial but had a series of unnecessary operations carried out by Paterson, said she was “over the moon” about the outcome. “There is no forgiveness. What he has done will always be with us, but at least we can now start to move on.”

Concerns about Paterson were raised as far back as 2003, but despite several internal and external investigations and complaints from patients, GPs and other surgeons, the General Medical Council did not suspend him until 2011. “In every profession you get rogue operators, but there are checks and balances to stop terrible things happening,” said Mike Diskin. “Why were there not in this case, or why were they ignored?”



Timeline

1998: Paterson is hired as a consultant surgeon at the Heart of England NHS trust, despite being previously suspended from Good Hope hospital. He also sees private patients at Spire Healthcare hospitals of Little Aston and Parkway.

2003: He is investigated because of concerns about cleavage-sparing mastectomies. Recommendations are not followed through.

2007: Breast surgeon Hemant Ingle is appointed and with others raises concerns. Further investigations are carried out and Paterson is told to stop performing cleavage-sparing mastectomies. Mark Goldman, the chief executive of the Heart of England NHS trust, informs Spire that it is investigating Paterson.

2008: Two GPs complain about Paterson’s treatment of a patient, saying he gave misleading information about pathology reports, overtreated patients and disregarded the multidisciplinary team meeting process. Another report is also critical.

2009: A Spire Parkway patient makes a formal complaint about Paterson. No action is taken. Heart of England NHS trust recalls 12 patients who have had cleavage-sparing mastectomies. West Midlands Cancer Intelligence Unit submits two further reports.

2010: The GMC tells Spire Parkway executives about a complaint from an NHS patient..

2011: Parkway are informed that Paterson carried out a cleavage-sparing mastectomy in 2009 after being told to stop in January 2008. A month later, the GMC informed Spire about another patient complaint. A recall of all Paterson’s patients begins.

Paterson is suspended by the NHS in May 2011 but continues to perform breast surgery for Spire until 31 May and general surgery until 8 June 2011. He is paid until November 2012.