Audiologist at centre of ‘biggest health scandal’ tried to step down before being struck off register

The audiologist at the centre of a deafness scandal which left 23,000 children at risk has removed her name from a professional register while facing a fitness to practise investigation.

Dawn Lamerton was head of audiology at NHS Lothian when thousands of children, some of them profoundly deaf, were incorrectly diagnosed as not having a hearing problem.

Some lost the opportunity to be fitted with cochlear implants, suffering lifelong consequences.

After the scandal emerged, Lamerton then faced a fitness to practise investigation by her professional body, the Academy of Healthcare Science (AHCS), during which she voluntarily removed her name from the register.

But the AHCS continued its investigation, and found that Lamerton’s fitness was impaired, and recommended her name be struck from the register.

AHCS chief executive Janet Monkman said Lamerton’s registration was suspended while an investigation was held.

She said Lamerton then asked to remove herself from the register and assured them in a statement that she “would not return to any clinical position in healthcare and can confirm that has not changed”.

Lamerton’s statement said: “I reassure you I do not wish and have no intention in returning to audiology or any other clinical position, privately or within the NHS in this country or any country of this world.

“As I have no intention of working in any clinical capacity, I do not and will not require any voluntary registration at any time in the future and therefore withdraw myself from any case raised against me.

“There are no further sanctions that can apply to me that I have not already applied to myself.”

Monkman said: “Nevertheless, it is not acceptable for a registrant who is subject of a Fitness to Practise allegation to simply withdraw from a case raised against them and the FTP procedure continued.

“The Assessment Committee found Ms Lamerton’s practise to be impaired and recommended that her name should be struck from the register.

“Ms Lamerton accepted the facts of the allegations against her and that her Fitness to Practise was impaired and agreed to a Consensual Discharge of her voluntary registration with AHCS.”

However, as the professional body is not a statutory organisation, Lamerton is still free to apply for audiology appointments in the future.

Scottish Conservative Social Justice Shadow Minister Miles Briggs said audiologists should now be subject to statutory registration.

He said: “This is something I will be raising with the Health Secretary Neil Gray and asking ministers to reform as a matter of urgency.

“I will not allow the catastrophic effect these NHS Lothian failures have had on so many families to simply be brushed under the carpet.

“There is still far too much to do to ensure the most vulnerable children and young people affected have been given the correct checks, treatment and educational support they need.”

Audiology blunders

Despite blunders continuing within the audiology department of NHS Lothian over decades, during which time 23,000 children were seen because of concerns over their hearing, the health board refused to review each case.

But in one sample of just over 1,000 patient records examined by experts, they discovered that at least a dozen children who could have had cochlear implants had not been referred for assessment.

Over 15% of the sample, 155 children’s records flagged up “significant concern” over how they had been treated.

At least 49 children who should have benefitted from hearing aids suffered delays accessing care.

A further 30 suffered inappropriate treatment strategies.

And a further 750 had moderate to minor hearing concerns which had not been appropriately dealt with.

Families of children affected by major failings within NHS Lothian’s audiology service accuse authority of a cover-up after delays to publication of audit into the scandal

Families and politicians have been critical over the number of records examined, and say there are continuing concerns that because of the widespread failures, those affected are still not receiving the level of care and educational support they need.

After initially declining to say how many families were contacted, the NHS eventually told The Sunday Post that it got in touch with 123 patients, with 90 attending for assessment. A total of 23 children required changes to care and management plans.

One of Scotland’s most respected advocates in health litigation, Laura Wray, said: “I do not believe NHS Lothian have fulfilled their responsibilities under duty of candour unless they contact each of the 23,000 patients who used their audiology services during every year that problems existed.”

She added: “It’s shocking to realise thousands of children and families may be struggling to cope with the consequences of this catastrophe on their own, unaware mistakes were so widespread. A scandal of this magnitude requires a public inquiry.”

© SYSTEM

During the official audit of 1,000 cases, experts examining records found 11% of cases – just 120 – raised no concerns at all. Independent experts found widespread “clinical risks”, inaccuracy in testing children, ageing equipment, inconsistent and inconclusive test results, and failure to use national testing standards,

They found that while there were areas of “good practice” there were “significant issues” with two key test procedures, known as Visual Reinforcement Audiometry and Auditory Brainstem Response testing which is used on babies.

They found “national guidance” was not being followed, and inaccuracies flagged a “high clinical risk” that the “lack of both scientific leadership and understanding of some of the fundamental scientific concepts and requirements of those tests”.

Experts said this led to “inaccurate and delayed diagnosis”.

‘Lack of clarity’

Some families reported that their children suffered years of delays which significantly impacted on their future. A further audit recognised even more children with “significant concerns”, but despite this, the Scottish Government agreed to shut down oversight of the scandal.

Top civil litigation expert Patrick McGuire, of Thompsons Solicitors Scotland, said: “The way thousands of children and families caught up in the deafness scandal have been treated as a result of years of failure by NHS Lothian’s audiology services has all the hallmarks of the contaminated blood scandal and the way families were kept in the dark for years, and this happened right under his nose.”

Mike Henderson, who chairs family support group FLAAG, has raised serious concern over the “lack of clarity” from the health board and professionals involved.

He says children with hearing difficulties “missed” because of the blunders, are still being found.

He said: “There are affected children who, due to the lack of action, will never be able to fulfil their full potential. There are still children in the area with undiagnosed hearing loss whose life chances are being adversely affected.”

Campaigners say just 5% of the 23,000 children at risk were ever fully reviewed, and say 15% of those were found to have suffered issues of “significant concern”.

Families are angry that there has been no accountability, and even after accepting allegations against her, Dawn Lamerton simply walked away. A Scotland-wide review also showed other health boards with problems.

Tracey Gillies, medical director, NHS Lothian, said: “We have been nothing but open and transparent since identifying clear failings within our children’s audiology services.”