Clinical negligence claims likely following suspension of consultant maxillofacial surgeon, Roger Bainton

Posted: 21/05/2014


Consultant maxillofacial surgeon, Mr Roger Bainton has been suspended due to patient safety concerns. Although Mr Bainton was suspended from his position as a consultant oral and maxillofacial surgeon at the University Hospital of North Staffordshire in February 2013, it has only recently come to light that his practice is being investigated following concerns raised by colleagues about patient safety.

It is even more worrying to note that this is not the first time that Mr Bainton’s practice and treatment has been investigated. In March 2000, the BBC reported that Mr Bainton had been “severely reprimanded by the GMC after being found guilty of serious professional misconduct”. It is our understanding that, as a result of this investigation, Mr Bainton was suspended for a 12 month period.

The investigation, as reported by the BBC, concerned the death of a patient who was under Mr Bainton’s care at the time. Mr Bainton had performed routine jaw surgery and the patient subsequently died. The GMC found Mr Bainton guilty of “failing to ensure that the patient received adequate care and failing to ensure that his condition and progress was adequately monitored by suitable experience and qualified staff”. Mr Bainton had also previously been suspended by the General Dental Council (GDC) for 12 months having been guilty on similar misconduct concerns. The GMC was not aware of this during this hearing.

A further internal investigation was undertaken by the University Hospital of North Staffordshire which prompted another investigation by the GMC in November 2013. As a result of this investigation, conditions were placed on Mr Bainton’s ability to practice as a doctor in the UK.

It has now become apparent that a number of patients have undergone surgery unnecessarily and at least 88 patients have been called for further review.

Amy Milner, specialist cosmetic surgery solicitor at Penningtons Manches LLP, said: “We are receiving an increasing number of enquiries from patients concerned that doctors have either not given them sufficient advice about the risks, complications and likely outcome of cosmetic procedures or have advised them to undergo an unnecessary procedure. It is therefore extremely worrying that, despite previous concerns over Mr Bainton’s fitness to practice, he was still able to perform surgery and potentially undertook unnecessary surgery on patients who may now have complications as a result. This is likely to lead to a number of clinical negligence enquiries and we have already spoken with patients concerned by this news.

“If you have concerns about any treatment provided by Mr Bainton or for any other cosmetic surgery procedure you have had, we would urge you to contact the clinical negligence team at Penningtons Manches LLP so that we can advise you on whether you may have a potential claim.”


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