Doctor who prescribed 'potentially hazardous' levels of drugs can still work

Families have called for a public inquiry after a doctor who put their elderly relatives at risk of death by prescribing "potentially hazardous" levels of drugs escaped being struck off. Dr Jane Barton was found guilty of serious professional misconduct by a Fitness to Practise Panel at the General Medical Council (GMC) after a series of failings in her care of 12 patients at the Gosport War Memorial Hospital in Hampshire between January 1996 and November 1999. The panel found she made a catalogue of failings in her treatment of the patients, who later died, including issuing drugs which were "excessive, inappropriate and potentially hazardous". Panel chairman Andrew Reid said it had been proved that there were instances when Dr Barton's acts and omissions put patients at "increased risk of premature death". But it ruled the doctor will be allowed to continue working if she abides by certain conditions. Niall Dickson, chief executive of the GMC, said he was "surprised" by the decision. "Our view was the doctor's name should have been erased from the medical register following the panel's finding of serious professional misconduct. We will be carefully reviewing the decision before deciding what further action, if any, may be necessary." The Council for Healthcare Regulatory Excellence has the power to appeal the decision if it believes the sanctions were unduly lenient. Dr Barton, who did not attend the hearing, has been working as a GP in Gosport.She said in a statement: "I am disappointed by the decision of the GMC panel but appreciate that in imposing conditions, they recognised the great difficulties and unreasonable pressure under which I had to work. "Anyone following this case carefully will know that I was faced with an excessive and increasing burden in trying to care for patients at the Gosport War Memorial Hospital. "I did the best I could for my patients in the circumstances until finally I had no alternative but to resign." She maintained that "given the situation, my general practice and procedure were perfectly reasonable" and said none of the consultants ever expressed concern about her working practices. She continued: "Throughout my career I have tried to do my very best for all my patients and have had only their interests and wellbeing at heart." In their ruling, the panel noted that Dr Barton appeared unrepentant and that she still insisted that her actions in the circumstances at the time were correct. Panel chairman Andrew Reid said her "intransigence and lack of insight" meant he was unable to accept she no longer posed a risk to patients. He said: "Dr Barton's serious professional misconduct was such that it is necessary, even after 10 years of safe and exemplary post-event practice, to take action against her registration in order to maintain public confidence in the profession." The doctor's series of failings included making inadequate examinations of patients, failing to consult colleagues and poor note-keeping. But instead of being struck off she was given a list of 11 conditions relating to her practice, including not being able to administer opiates by injection. Ann Reeves, the daughter of Elsie Devine, 88, called for a public inquiry. She said: "It's a total disgrace. What does GMC stand for? Gross Medical Cover-up and nothing more. I'm in total shock." The 12 patients were Robert Wilson, 74, Eva Page, 87, Alice Wilkie, 81, Gladys Richards, 91, Leslie Pittock, 82, Elsie Lavender, 83, Ruby Lake, 84, Enid Spurgeon, 92, Geoffrey Packman, 67, Elsie Devine, 88, Arthur Cunningham, 79, and Jean Stevens, 73.