'No compensation route' for rheumatology patients

Jersey's health department has said there is no compensation route available to patients of the island's rheumatology service, after an independent report found serious failings.

A "significant number" of patients are said by lawyers to be seeking legal redress.

In some cases, patients were wrongly diagnosed and got the wrong medication. The report was conducted after the deaths of 182 rheumatology patients in Jersey since 2019.

The health department said it had been looking into a compensation scheme but no such route was currently available and it had advised anyone wishing to make a claim to contact Citizens Advice.

A Royal College of Physicians report found the standard of care provided by the service in 2023 to be "well below" an acceptable standard.

In April 2024, Deputy Tom Binet, minister for health and social services, said he was committed to publishing an action plan by the end of June that year to ensure the completion of recommendations included within the review.

Deputy Jonathan Renouf has since tabled a written question to the States, requesting an update and asking if the department was still considering a group compensation scheme.

The department said it had been exploring the possibility of a compensation scheme in relation to rheumatology complaints and claims, but "currently there is no such route available".

"Patients and relatives are being advised to seek independent on-Island legal advice should they wish to consider making a claim," the department said.

The response went on to say that Citizens Advice Jersey might be able to provide further information on how to do this.

The health department said 12 of the recommendations made in the review had now been implemented, with a further five nearing completion.

There were four outstanding recommendations that still needed to be actioned, including a full rollout of electronic prescribing and medicines administration across all outpatient areas.

The licensing and full functionality of this was dependent on future funding and digital service capacity and "this remains a strategic priority for 2026", the response added.

A spokesperson for Viberts law firm, which represents a "significant number" of patients, said: "This news has been disappointing and continues our concern that individuals may be effectively prohibited from obtaining compensation which we do not consider is a just or fair position.

"Where this affects our clients or people that have made inquiries with Viberts we will be considering alternative action on a case-by-case basis."

Viberts remained committed to assisting individuals with claims through the standard Royal Court process, they added.

By Ammar Ebrahim, BBC Jersey political reporter

The news that there won't be a compensation scheme will come as a huge blow to those impacted by failings in rheumatology.

One patient who was given wrong medication that damaged her liver told me that "having them insist that those affected go to the expense of suing them is denying those who cant afford to do that any recourse. It adds insult to injury".

What will make this more uncomfortable for the government is that the law firm representing some of the people impacted by the failings in rheumatology say this decision is neither "just or fair".

Health leaders have said rheumatology is a different department now but for those patients who have found out a compensation scheme is no longer an option, that will be of little comfort.

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