Plymouth surgeon no longer able to perform non-emergency operations on children after performing procedure without consent

A Plymouth surgeon will no longer be perform non-emergency operations on children following his actions during an operation on a 12 year old boy.

The child attended the hospital for an operation on a hernia and during a pre-operative assessment Surgeon Commander (Cdr) Anthony Lambert asked permission from the boy and his parents to examine a minor problem in his genital area. The boy refused along with his parents who wanted to respect his wishes.

During the subsequent operation Cdr Lambert proceeded to carry out the examination, despite the previous conversation, and intended to perform a procedure on the area to free adhesions. A colleague prompted Cdr Lambert to speak with the boy’s parents who were waiting outside of theatre. Cdr Lambert left theatre supposedly in an attempt to find the boy’s parents, discuss the procedure and obtain consent but the surgeon has since admitted that although he entered the waiting area he left without speaking with the boy’s parents and did not so much as call their name. He returned to theatre where he performed the procedure without consent.

The boy’s parents have described Cdr Lambert as ‘not trustworthy’ and the Solicitor representing the family said that his actions have destroyed the boys ‘trust and confidence in doctors and that’s something that once it’s lost is very hard to rebuild’.

The General Medical Council (GMC) were advised of the incident but recommended that it was dealt with at a local level.

The medico-legal industries have seen great change recently following the decision of the Supreme Court in the case of Montgomery which enshrined in law the GMC’s guidance on consent. The GMC advises that doctors should provide person-centred care and Chief Executive Niall Dickson explained that doctors “must work in partnership with their patients, listening to their views and giving them the information they want and need to make decisions”.

A solicitor in the Medical Negligence team at Ashtons Legal says: “From an ethical standpoint there has always been concerns of medicalisation and a lack of autonomy in the healthcare industry. This means that in some instances there has been a ‘Doctor knows best’ approach which can leave patients feeling that they have not been listened to and can lend itself to a tick box approach when assessing symptoms of a patient or encouraging a woman to proceed with a natural labour when they would prefer a caesarean section.

“The healthcare profession is meant to be changing and focusing on patient autonomy following NHS England research that identified patient choice was a key contributing factor to patient experience. In addition to this patient experience was found to have links to overall outcome of health. A shift in approach would mean that patients are provided with enough information to make an informed decision about their treatment and they would ultimately decide the direction of their care within reason. Disappointingly in this instance a surgeon has taken matters into his own hands when there were several opportunities to discuss matters and potential treatment options with the patient and his family and such an approach is unacceptable.The reluctance of the GMC to be involved in dealing with the complaint is disappointing particularly as the actions clearly go against their advice. Their avoidance of the issue adds to arguments that the purpose and effect of the GMC itself is in need of review.”