Breast surgery compensation battle

William Thomson was reprimanded by the committee

The woman whose breast was needlessly removed by a surgeon has said she is to step up her fight for compensation from the hospital trust which employed him.

The woman, known during a hearing at the General Medical Council as Mrs A, had her breast removed after a mistaken diagnosis of cancer.

Consultant surgeon William Thomson, from Cambuslang, was found guilty of serious professional misconduct by the GMC's conduct committee.

But the committee said it would not be in the public interest to remove him from the register and said he would be given a reprimand.

Mrs A is comforted outside the hearing

Mrs A's lawyer, James Herald, said she "acknowledged and accepted" the decision.

She welcomed a finding that he had carried out the operation without her informed consent.

Mr Herald said: "Mrs A stands by her understanding of what had been said to her by the surgeon, and how it had been said.

"As you can imagine, this whole process has been traumatic and very upsetting.

"But my client felt it was important that this case was investigated by the GMC in the hope that by doing so, she would help to ensure this type of situation is avoided in the future."

Mr Herald said a claim for compensation was under way against Hairmyres and Stonehouse Hospitals NHS Trust.

Hairmyres Hospital, where the operation took place

"Although we are already in discussions with the trust's lawyers on the issue of compensation, it is likely that a writ will still be issued in the appropriate court."

The GMC's professional conduct committee said Mr Thomson had failed to give his patient enough information before she consented to have the surgery at Hairmyres.

However, it found him not guilty of making insensitive comments to the 44-year-old woman, known only as Mrs A.

During a disciplinary hearing, Mr Thomson admitted removing the breast of his patient without having performed a biopsy to confirm she had cancer.

It later emerged that she did not have the disease.

Feeling low

The surgeon told the committee he was 99.9% sure Mrs A had a malignant tumour.

However, he added that he had only performed the surgery after the woman pressured him into treating her case as an emergency.

Mrs A visited Mr Thomson almost two months after the operation and told him she was feeling low.

She said he responded by saying she was lucky and it was not as if she had gone through a divorce or suffered the death of a child.

Mr Thomson defended his remarks by saying he had been as "kind and sympathetic" as he could.

'Greatest sympathy'

Tribunal chairman Professor Peter Richards said that the case had "tragic consequences".

He added: "It is our view you were motivated by trying to do your best for Mrs A, for whom we have the greatest sympathy.

"Whilst we accept that she was very anxious and expressed her wish to proceed with surgery as soon as possible, you should have persuaded her otherwise.

"But the committee is satisfied you are a competent, caring and highly conscientious surgeon."

Mr Thomson's barrister, John Grace, QC, said that the case was a "tragic combination of circumstances".

Mr Grace said Thomson, who qualified in 1971, was currently on a final written warning at the hospital, and urged the committee to treat him with leniency.

The reason for the final warning was not revealed.

"This case illustrates the problems of doing people favours which can lead to an inappropriate course of action," said Mr Grace.

'Integral part' of hospital

"None of these are excuses but they are explanations. Mr Thomson is an integral part of the hospital, he leads from the front, and devotes all his time to the NHS.

"One cannot help but think the NHS needs more and more doctors with this level of commitment.

"What is quite plain is that, as far as Mr Thomson is concerned, this will not happen again."

The committee chairman revealed that he would be asking the GMC to make recommendations to the Department of Health to allow patients to initial any changes on operation consent forms.

Both the consultant and his patient left the hearing without comment.

The North Lanarkshire NHS Trust, which operates Hairmyres, said Mr Thomson had been disciplined and no further action was required.