NHS Tayside facing court action over jaw surgery implants

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NHS Tayside could face legal action after an investigation revealed that dozens of patients who underwent jaw surgery were not fully informed of the risks associated with certain prosthetic implants.

The probe, being handled by law firm Digby Brown, is assisting patients who received NHS Tayside-made metal jaw prosthetics between 2005 and 2016.

The implants, known as the “Dundee prosthesis,” were manufactured in-house and were cheaper than commercially available alternatives.

However, patients were not made aware of potential drawbacks, according to the investigation.

NHS Tayside confirmed it had written to the 44 patients who had received the implants, apologising for not providing “full information” and offering ongoing clinical review.

Dr James Cotton, executive medical director, acknowledged that while the implants met technical standards, governance processes were not properly followed, meaning patients could not make fully informed decisions.

An NHS Tayside statement read: “Dr Cotton has sincerely apologised that patients were not given the full information needed to make an informed choice about their care. All patients have been reviewed by the multi-disciplinary team with some taking up the offer of ongoing review.

“The review acknowledged and considered a breadth of clinical information, including the journal article authored by an NHS Tayside surgeon and a number of detailed discussions with the surgeon himself.

“His evidence helped reinforce the conclusion that there was inadequate governance surrounding the use of the non-commercial prosthesis at this time.

“Since 2016, and taking on board the specific learning from the reviews, clinical governance policies and procedures are much strengthened, robust research and clinical governance systems and processes are now in place and there is a transparent governance structure for the introduction of new procedures and devices.

“As highlighted in the patient letter, the affected patients can contact the Patient Liaison Response Team for an individual discussion about their own circumstances.”

The Dundee prosthesis has since been discontinued, and NHS Tayside says strengthened governance and research systems are now in place to prevent similar issues in the future.

A spokesman for Digby Brown said: “We are helping a number of NHS Tayside patients in relation to errors around prosthetic jaw surgeries.

“The investigations are at an early stage and it would be inappropriate to comment further, however full support will be provided to those affected.”

A spokesperson for NHS Tayside said: “As this is a legal matter, we are unable to comment.”