Doctor Alistair
Dorward Respiratory Specialist, Royal Alexandra Hospital/Paisley.
Complaint: I had to visit this doctor as he was representing
the Insurance company for my former employer. I could not
believe a doctor could be so devious.
I was making a claim against my former employer as I had
to leave work due to respiratory health problems connected
to being exposed to dangerous paint dusts for many years.
Dr Dorward was chosen by the solicitors acting on behalf
of the firm to look for evidence that would show the illness
was not connected to exposure at work.
Dr Dorward seemed to have difficulty producing a strong report
against the cause of my illness using respiratory evidence
so added psychological evidence to his report insinuating
I was imagining my illness.
A scope test a few months later showed inflammation in the
right and left bronchi with contact bleeding. This you would
have thought would have been enough to prove Dr Dorward should
refrain from trying his hand at psychology and stick to what
he is qualified to do.
Dr Dorward however seemed keen to impress the people hiring
him so responded to the scope test with the statement: (Inflammation
in the airways on bronchoscopy is a very unreliable finding,
it is virtually impossible to tell if there is any. I would
ignore whats written completely and it bears no relevence
to your condition). The General Medical Council have refused
to state whether or not this statement is accurate or false.
The NHS doctors on my side seemed reluctant to go up against
Dr Dorward in court, one even changed his original report
to almost the exact same as Dr Dorward's after he had seen
his report. The solicitor representing me stated he would
not complain about Dr Dorward's report as he used him whenever
he could. Stating, if you want to win cases, that is the doctor
you want.
In England there is an expert witness procedure that does
not allow doctors to give evidence they are not qualified
to give. Also, guidelines in England advise one joint expert
witness should be used whenever possible.
The present system in Scotland obviously encourages doctors
to produce reports they think the people hiring them are looking
for. If their reports did not help win cases, they would probably
not be used by that firm again.
Very few of these cases seem ever to reach court in Scotland
as doctors can produce such seemingly strong reports against
the claimant, this leading to the claimants doctor being reluctant
to get involved in the court case.
It is highly unlikely an ordinary NHS specialist is going
to go into a court and accuse more qualified doctors of giving
misleading medical evidence. This was what my solicitor stated
is a common problem.
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Dr Dorward's report against me
contained other seemingly deliberate errors such as he refused
to state clearly if it was safe for me to return to work in
that type of industry. He stated there was no reason why I
should not carry out work. Along with the psychological evidence
and comments on scope tests, they seem to show Dr Dorward
will go to extraordinary lengths to produce strong reports
for the people hiring him.
How many other cases has he created similar reports for.
I personally believe this doctor has used psychological evidence
to help win many cases, and, any case he has helped to win
using such evidence should be reopened with an impartial specialist
giving the expert advice on the illness in question.
The General Medical Council have made an investigation into
this case. So far, they have refused to say if they took any
action against the doctor in question over his giving psychological
evidence, his comments about scope tests and failing to state
clearly if it was safe for me to return to work in that type
of industry.
The GMC have only stated they passed the investigation on
to Dr Dorward's employers at the Royal Alexandra Hospital.
Seemingly so they could look into if he has used this type
of evidence in other cases.
The GMC later stated: (Dr Dorward's employers have confirmed
that they do not have any wider concerns about him).
I believe it is highly unlikely any hospital will expose
one of their doctors of being involved in giving misleading
evidence in court cases. That would attract a huge amount
of unwelcome publicity for that hospital.
I asked the GMC if they were going to allow Dr Dorward to
continue giving psychological evidence in court cases as he
is not qualified to give such evidence and expert witness
guidelines in England clearly state this is unacceptable.
The GMC have refused to state if they have allowed Dr Dorward
to continue giving psychological evidence in court cases.
I have now applied for the documentation of the GMC enquiry
through the Freedom of Information Act to find out what the
enquiry actually found and if any action was taken.
19. 10. 2007, Julian Graves of the GMC confirmed they are
not going to hand over copies of any documents concerning
the findings of their enquiry into Dr Dorward.
I have made the Scottish Parliament aware of what happened
to my case and that solicitors know there is a problem with
the present system. I have asked the Scottish Parliament to
look into adopting the Expert Witness Guidelines used in England.
October 23rd 2008, received documents from the ICO (Information
Commissioner's Office) signed by Gemma Garvey, basically stating
they have made a decision that the GMC were not breaking the
law by withholding all the documents concerning my complaint
against Dr Dorward. This looks to me like those documents
could contain evidence that would prove Dr Dorward has been
involved in corruption and the GMC, and his employers, are
aware of that fact. I will need to look into this further
to see if the ICO is also involved in corruption or not.
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