More than 200 death and injury cases at NHS trust now under investigation

The BBC has reported that a police investigation into alleged preventable deaths and harm at a National Health Service (NHS) trust in the UK has doubled in the number of cases being examined. The allegations primarily focus on the care and treatment provided by the University Hospitals Sussex NHS Foundation Trust between 2015 and 2021.

Sussex Police began investigating an initial 105 cases in 2023, but a BBC File on 4 investigation has learned that the number of cases has now surpassed 200. The police have stated that the investigation is "actively ongoing" but that they will not "provide specific details about the number of cases at this time." The police involvement stemmed from allegations by two whistleblowers regarding medical negligence in two departments of the trust – neurosurgery and general surgery – which included concerns about at least 40 deaths. The increase in cases is linked to more families contacting the police.

In addition to this investigation, we spoke with the family of a patient who claims she was "misled" by a senior surgeon in general surgery at the trust, resulting in life-threatening injuries after her operation. 80-year-old Wendy Gibbs was scheduled to undergo pelvic prolapse repair surgery by Mark Lamah at a private hospital in Brighton run by Nuffield Health. However, the surgeon told her he wanted to move the surgery to another Nuffield hospital, as the Brighton hospital did not have the specific type of scanner he needed. It turned out, however, that the second hospital did not have the machine either.

Mr. Lamah also did not disclose to Mrs. Gibbs that he and other surgeons were at that time banned from performing this type of surgery in Brighton, as Nuffield Health had suspended it due to safety concerns. Mrs. Gibbs’ surgery took place in March 2024, and Mr. Lamah mistakenly cut her bowel, causing internal bleeding that was only discovered hours later. Mrs. Gibbs developed sepsis, a life-threatening condition. She required a second emergency surgery, also performed by Mr. Lamah, at the Royal Sussex County Hospital in Brighton, which is part of the NHS trust under investigation. Afterwards, she was placed in intensive care and sedated for 11 days. Mrs. Gibbs, who now permanently wears a stoma bag, said the experience has left her traumatized. “He let me down, he betrayed my trust. I've been left with a lot of problems since the operation. Most of my hair fell out. My nails fell out. They're growing back now, but the trauma of it actually happening and me being helpless – it’s not been easy.”

Wendy Gibbs’ case is not part of the police investigation as her treatment occurred after the period being examined by the police. Nuffield Health, the private healthcare provider where the first surgery took place, said they are carrying out a “deeper investigation into one particular consultant.” They added: “As the investigation is still ongoing, we are unable to comment further.” However, the former clinical services director at Nuffield Brighton Hospital, where Mr. Lamah also has a private practice, said the company was already aware of issues with his complication rate in 2023. Michael Turner told us that data showed that in a 12-month period, one in three of Mr. Lamah’s patients experienced a “moderate harm event” (for example, patients having to be transferred to another hospital or readmitted). Mr. Turner said this figure should be below 5%. Three months ago, Michael Turner was dismissed for gross misconduct by Nuffield Health after using abusive language to describe another consultant's behaviour.

Mr. Lamah continues to work at the Royal Sussex County Hospital. The University Hospitals Sussex NHS Foundation Trust told us that they have audited his NHS data, which shows his outcomes are within the expected national range. "If there was any evidence of concern about the care of our NHS patients, we would of course not hesitate to act,” a spokesperson said. A former NHS colleague of Mr. Lamah, who wished to remain anonymous, told the BBC that the surgeon had been "criticized on several occasions for some very unprofessional behaviour.” The colleague said one incident involved an emergency operation, when Mr. Lamah announced he was going to challenge himself to complete the procedure in 45 minutes, even though there was no need to do so.

We contacted Mark Lamah, who declined to comment. The BBC has reported on numerous stories from the University Hospitals Sussex NHS Foundation Trust over the past two years: a surgeon opened a patient's chest with a scalpel; four whistleblowers said patients had died unnecessarily and been “effectively disabled” at the trust; a former surgeon claimed there was a “gang culture” in the neurosurgery department. The same doctor claimed that one surgeon had an excessive mortality rate and another performed complex operations without adequate training; an internal review admitted that doctors could have saved the life of student Melissa Zogolli if they had acted sooner; a Royal College of Surgeons review found a “culture of fear” at the trust and recommended senior management may need to be replaced; and the trust engaged in a nine-month legal battle with the BBC and The Times to block access to and editing of documents in two employment tribunal cases.

Officers are currently identifying the relevant cases and sending them to medical experts to see if there is a basis to question the care these patients received – a process expected to be completed by early 2025. The investigation is at an early stage, and there are no suspects at this time. Most of the cases appear to involve the neurosurgery department. Police are considering charges of manslaughter and corporate manslaughter. File on 4 has learned that one of the cases being reviewed by medical experts as part of the police investigation is that of Stephen Coles. He underwent surgery by a neurosurgeon called Carl Hardwidge, who worked at the trust for 31 years before leaving in 2023. Mr. Coles’ family have criticised him, following Mr. Coles’ death in 2021 after Mr. Hardwidge operated on him to remove a brain tumor.

Following the surgery, 66-year-old Mr. Coles was unable to swallow due to cranial nerve damage. He then spent several weeks in hospital, eventually dying of pneumonia after receiving poor care on a general ward. His sister, Julie Rhodes, said that Mr. Hardwidge never explained to the family why Mr. Coles was so ill after the surgery. A coroner’s inquest did not raise any concerns about the care Mr. Coles received, a conclusion that Ms. Rhodes said she was “unhappy” with as it “didn't answer any questions”. However, a neurology expert who assessed the case for BBC News said that Stephen Coles' death was avoidable and criticised Mr. Hardwidge’s post-operative care. He said Mr. Coles should have had a tracheostomy to help him breathe. "The responsibility to protect the patient's airway," the expert said, "lies with the operating surgeon."

File on 4 has learned that concerns were raised about the care Carl Hardwidge provided to at least three other patients during his time at the trust. An employment tribunal judge also said there were "some concerns" that Mr. Hardwidge had tried to minimise delays in care to another patient who died in 2012 in his evidence. When File on 4 contacted Mr. Hardwidge, he declined to comment. The University Hospitals Sussex NHS Foundation Trust said that its neurosurgery team had faced significant challenges since 2012, and as a result, some patients waited longer for care than they should have, "for which we apologise."

The trust has said it is cooperating with the police investigation and recognises that it has more work to do to improve its performance. Chief Executive George Findlay said in a statement that many improvements in quality and safety had been made since a new leadership team was installed in 2017. "Despite these and other improvements," Mr. Findlay added, "it is clear that some long-standing challenges remain, and we clearly have more work to do to improve care and better support colleagues."