Skip to main content
The BMJ logoLink to The BMJ
. 1998 Dec 5;317(7172):1579–1582. doi: 10.1136/bmj.317.7172.1579

The Wisheart affair: responses to Dunn The Bristol cardiac disaster

Stephen N Bolsin 1
PMCID: PMC1114391  PMID: 9836666

I wish to express my disappointment and concern at the publication of Peter Dunn’s article.1 The article raises several important points, which need to be addressed, and I feel that my knowledge and position in Bristol at the time give me some authority to comment.

Attitudes in Bristol

  • The “many senior colleagues” referred to in the article are exhibiting exactly the same behaviour patterns that allowed the Bristol cardiac disaster to occur in the first place. These are lack of insight, failure of critical appraisal, and muddled thinking.

  • In the first half of the article Dunn presents the case that there was not a problem but then asks, “Why wasn’t the responsibility of the hospital administration recognised?” This leaves unanswered the question “responsibility for what?” For allowing a problem not to develop? Was there or was there not a problem? I and others believe that there was a serious problem.

  • If, as Dunn suggests, his three colleagues were treated unjustly, why did they not make use of the GMC’s appeals mechanism and appeal not just against the sentences but also against the verdict of the disciplinary committee?

Excess mortality for operations

Dunn asks, “Why were the surgeons judged only on a small selected fraction (4%) of their paediatric surgical workload during 1990-5?” I find his answer less satisfactory than the alternative explanation that the United Bristol Healthcare Trust only provided to the GMC’s disciplinary committee the details of the operations that it had requested at such short notice that the GMC was unable to deal with anything other than the operations for atrioventricular canal and arterial switch. Even in these limited cases the excess mortality for these two operations was sufficient for the disciplinary committee to reach its verdict.

However, we now learn that there were other operations with equally bad records for mortality. On 27 October, BBC television’s Newsnight disclosed that in Mr Wisheart’s series of operations for truncus arteriosis repair in patients under 1 year of age, nine out of 12 patients died. One of the survivors is Ian Stewart, who suffered massive permanent brain damage. The programme also reported that, in the series of operations for total anomalous pulmonary venous drainage, Wisheart also has an unenviable record. Thus Dunn’s suggestion that 96% of the paediatric cardiac surgical work for this period was acceptable is open to question.

In this context it may be important to note that an independent inquiry, commissioned by the United Bristol Healthcare Trust, into the adult cardiac surgical work of Mr Wisheart concluded that his risk adjusted mortality for adult cardiac surgery was four times that of his colleagues in Bristol.2

The inevitable conclusion is that the record for the paediatric operations used by the GMC inquiry was not the isolated imperfections that Dunn is suggesting in his article but may more truly represent a level of achievement in clinical activity that required urgent review and improvement.

Institutional considerations

  • I agree that the failure of two cardiologists and one anaesthetist to give evidence to the disciplinary hearing gave the impression of guilt and that they should have been urged to give evidence to the GMC inquiry. Their attendance at the public inquiry will be compulsory and informative.

  • The audit that Dr A Black and I carried out was never secret. The perception of secrecy was attributable to the lack of effective communication between the directorates of anaesthesia and surgery and may also be attributable to Mr Wisheart’s failure to recall some important meetings with myself, Professor John Farndon (at which contemporaneous notes were made), and Professor Gianni Angelini, where concerns about performance were expressed.

  • The director of anaesthetics had always been used as the vehicle for channelling concerns expressed by the cardiac anaesthetists to the cardiac surgeons; it had been agreed as early as 1991, by a meeting of all cardiac anaesthetists, that I should “keep my head down,” as my audit activities were already attracting adverse criticism from the department of cardiac surgery.

  • A proper audit of work was never conducted despite Dunn’s assertion, and this is evidenced by the alteration of the unit’s arterial switch data at the meeting on the night before the fatal operation on Joshua Loveday. Had a complete and full audit been undertaken before this, the correction of data at the last minute would not have occurred. Also, the miserable record for these operations would have been revealed at an early stage and possible lifesaving action taken. Mr Wisheart was asked on several occasions to provide a full audit of the unit’s activity but this was tragically never forthcoming; the reason for this omission has never been made clear.

  • I agree that all members of the paediatric cardiological team agreed that the operation should go ahead. My argument was not medicopolitical but that there was an institutional problem in Bristol, which meant that the safety of the child could not be guaranteed if the arterial switch operation was undertaken in Bristol. When the question was put—“Should this operation go ahead in Bristol tomorrow?”—I was the sole dissenter, and I requested that my dissent from the view be minuted as I was sure that the child’s life was being jeopardised.

Bias and restricted reporting

The lack of insight shown by Mr Wisheart in comprehending the implications of his adult cardiac surgery (commented on by Treasure2) has, as reported by BBC1’s Panorama in July, now extended to the unit’s prior performance of paediatric cardiac surgery and beyond the three doctors involved. While I can understand the natural psychological defence mechanisms of denial and rationalisation exhibited by the three doctors, I am not convinced that this is justifiable in senior colleagues or warrants publication in the BMJ. I believe that the propagation of the emotional and biased views expressed in Dunn’s article does not reflect well on medical staff in Bristol or on the wider medical community in the United Kingdom.

The publication of such a one sided article in the BMJ is reminiscent of the time when, under legal threat from the United Bristol Healthcare Trust, the journal was prevented from publishing any letters or articles that had not been approved by the senior management of Bristol Royal Infirmary. This allowed the publication of a letter by Joffe, which glossed over many of the important criticisms that were being made at that time,3 but prevented the publication of a considered response from Dr Black and myself. I would like the editor to confirm to his readers that the threat of legal action by the United Bristol Healthcare Trust has now been lifted from the BMJ.

References

  • 1.Dunn P. The Wisheart affair: paediatric cardiological services in Bristol 1990-5. BMJ. 1998;317:1144–1145. doi: 10.1136/bmj.317.7166.1144. [DOI] [PMC free article] [PubMed] [Google Scholar]
  • 2.Treasure T, Taylor K, Black I. A report into adult cardiac surgery at the Bristol Royal Infirmary. Bristol: United Bristol Healthcare Trust; 1996. [Google Scholar]
  • 3.Joffe HS. Hospital banned from doing neonatal heart operations. BMJ. 1995;310:1195. doi: 10.1136/bmj.310.6988.1195b. [DOI] [PMC free article] [PubMed] [Google Scholar]
BMJ. 1998 Dec 5;317(7172):1579–1582.

Editor’s response to Stephen Bolsin


The BMJ came under no legal pressure to publish the paper by Peter Dunn. We published it because we believe that all voices should be heard in this important debate, and the voice of senior figures from Bristol is heard more often in corridors than in public.

Dr Bolsin strikes a sensitive nerve when he asks about legal pressure. We consult our libel lawyer several times a week, and often papers are suppressed or emasculated. The Columbia Journalism Review, the world’s leading scholarly publication on journalism, says that Britain has an unfree press.1-1 I agree and have written about this at length and with passion, quoting John Milton that “if it comes to prohibiting, there is not ought more likely to be prohibited than truth itself.”1-2,1-3 Britain has a thicket of libel, confidentiality, and copyright laws that stop free speech. The newspaper owner Cecil King wrote presciently that because of fear of libel “inefficient hospitals are not named, doubtful share flotations pass without comment, and some fraudulent individuals go unexposed until it is too late and someone has been hurt.” He said that before Robert Maxwell famously used the libel laws to silence the press over his misdemeanours and before the BMJ had to pay out £107 000 on a libel case that we won.1-4

The BMJ did receive a lawyer’s letter in response to the news piece we published in 1995 on neonatal heart operations in Bristol, and we published a correction.1-5 It said that “there was no instruction from the Department of Health to suspend neonatal heart operations” and that “it was incorrect to say that one surgeon had been transferred to another post and the other had been sent for further training.” The public inquiry will no doubt clarify these statements.

In addition, we did at one stage (and sadly I have to operate from memory, not records) have a paper on what was happening with various neonatal cardiac operations in Bristol submitted to us for possible publication. We began by getting a detailed review on the data, recognising that if we were going to publish them there would be considerable legal problems. Before we got to that stage, however, the authors withdrew the paper.

References

  • 1-1.Brendon P. Amendment envy: a report on the mother country’s unfree press. Columbia Journalism Review 1991;Nov-Dec:68-71.
  • 1-2.Smith R. An unfree NHS and medical press in an unfree society. BMJ. 1994;309:1644–1645. doi: 10.1136/bmj.309.6969.1644. [DOI] [PMC free article] [PubMed] [Google Scholar]
  • 1-3.Craft N, Sheard S, Smith R. The rise of Stalinism in the NHS. BMJ. 1994;309:1640–1645. [Google Scholar]
  • 1-4.Dyer C. BMJ faces £107 000 bill over libel case. BMJ. 1996;313:897. [Google Scholar]
  • 1-5.Dyer O. Hospital banned from doing neonatal heart operations. BMJ. 1995;310:960. doi: 10.1136/bmj.310.6985.960. 1995;310:1288.) [DOI] [PubMed] [Google Scholar]
BMJ. 1998 Dec 5;317(7172):1579–1582.

A patient’s perspective

James Stewart 1

In Professor Peter M Dunn’s article concerning the General Medical Council’s inquiry into cardiac surgery at the Bristol Royal Infirmary, the general complaint was that the GMC was harsh and unjust and was driven by inaccurate press reporting.2-1 Nothing could be further from the truth. The press is so concerned about being sued for libel, especially where eminent members of the medical profession are involved and the potential compensation is enormous (certainly far in excess of what a child’s life is considered by the law to be worth) that unless the facts are thoroughly verified, the newspapers will not print a story. My personal experience of these events gives the patient’s perspective.

Charges were dropped

Professor Dunn correctly notes that many of the charges considered by the inquiry were dropped. They were indeed. However, Professor Dunn’s assumption that they were dropped because the doctors were innocent of the charges is incorrect. Let me explain why I say this by briefly giving the example of the charge in respect of my son.

The following charge—charge 9(c)—was laid: “You [Mr Wisheart] gave the parents of Ian Stewart information about the risks of mortality and of brain damage in such a way that: i) Did not accurately reflect your own experience as a surgeon.”

This charge was dropped by the GMC. It was dropped not because the evidence produced showed that we had not been misled but because Mr Wisheart’s actual mortality results for truncus arteriosus were never produced.

This vital evidence was never even requested by the GMC. Ms Lander’s statement on day 16 of the hearing confirms this astounding fact.2-2 Furthermore, Mr WJ Brawn, the expert witness for the prosecution, subsequently confirmed in writing to us that: “I have not seen the results of surgery for truncus arteriosus performed by Mr Wisheart and therefore I do not know what his own mortality rate is for that procedure.”

Mortality figures

When my wife, Bronwen Stewart, was called to give evidence she attempted to present the mortality figures but was told by the prosecutor that they were “irrelevant and inadmissible” as evidence. We subsequently wrote to the GMC many times, saying that if this evidence was not adduced then the charge in respect of our son must inevitably fail. The evidence was never produced and, inevitably, the charge failed.

BBC Newsnight, on 27 October 1998, revealed that before operating on Ian, Mr Wisheart had performed 11 truncus arteriosus operations with nine “early” deaths. Statistically, reconstructing the methodology used at the GMC, this results in an “optimistic” rate for Mr Wisheart greater than the “pessimistic” rate derived from the figures for 1991 in the Society of Cardiac and Thoracic Surgeons’ voluntary audit (the United Kingdom Cardiac Surgical Register); both estimates are based on 95% confidence intervals. The GMC accepted that 1991 is the year in which the figures from this register would have been available to Mr Wisheart when our son was considered for surgery in 1993.

These 1991 figures give a mortality of 25%. Excluding Mr Wisheart’s results reduces this percentage substantially. Mortality in the United States and Australia was significantly lower than in the United Kingdom. The University of California, for instance, had no early deaths in 22 operations between 1986 and 1990 for the condition that Ian had. Mr Brawn himself, interestingly, is a coauthor of a paper revealing that between mid-1979 and December 1983, 23 patients with truncus arteriosus were operated on in Melbourne.2-3 Three patients died; two of these were babies under 1 month and severely acidotic. This result was obtained a full decade before Ian underwent surgery.

In utter frustration, I interrupted the GMC proceedings on 29 May 1998, asking why the evidence in respect of my son’s charges had not been produced. The only reply I received then, or since, was to be physically removed by the police.

The only people allowed rights and representation at the GMC were the doctors charged and the GMC itself. My son was accorded no rights, nor was he allowed representation. The High Court in London confirmed this when we took the GMC to judicial review before the start of its inquiry.

Adding insult to injury

I believe that the GMC deliberately perverted the course of justice, yet there is nothing I can do about it. The doctors charged can at least appeal to the privy council. No such option is available to the victims. Perhaps if I was wealthy, rather than a former chartered accountant whose career and livelihood have been destroyed by what Mr Wisheart did to my son, I might be able to afford the costs involved in appealing to the Court of Human Rights. Given my circumstances, the price of justice is beyond my reach.

The Bristol Royal Infirmary scandal, together with its subsequent handling by the GMC, has clearly shown that self regulation has failed the patient at every stage. I have come to thoroughly detest the medical establishment. My son suffered severe brain damage, which left him screaming in agony for over a year, and all that the GMC did was to add further insult to the injury suffered. This story is just one of many such stories that I and the other parents at this disgraceful GMC hearing could tell.

In the true interests of patient protection, the sooner the GMC and the whole failed edifice of self-regulation is replaced, the better.

Like Professor Dunn, I too hope that the public inquiry will examine the full record of these surgeons, both the adult and the paediatric cases. I, too, hope that the two cardiologists—namely Dr Joffe and Dr Jordan, together with Dr Monk, the key anaesthetist—who were not called by the GMC will give evidence at the public inquiry. The GMC should be asked to explain why they were not subpoenaed as witnesses.

Many questions remain

Like Professor Dunn, I and the other parents involved consider that there are numerous questions concerning the conduct of the GMC inquiry that require an explanation. The following are but a few.

  • Why was morbidity and brain damage, despite the charges, never examined?

  • Why were the surgeons’ log books never fully analysed and examined, and why were they not requested before the start of the inquiry?

  • Why was Joshua Loveday’s the final operation considered by the GMC? Indeed, on the very day that Mr Ash Pawade, the new paediatric cardiac surgeon, began work, Mr Wisheart performed his final operation on a child. The child died of severe brain damage.

  • Why was a 1988 study that was carried out for the Department of Health and Social Security, which clearly proves that the Bristol Royal Infirmary was significantly worse than any other paediatric centre in the United Kingdom,5 not presented as evidence?

  • Why did nothing happen in 1992 when, as was reported by the television programme Dispatches in March 1996 and again in July 1998 by Panorama, Sir Terence English informed the Department of Health that he considered that the Bristol Royal Infirmary should be dedesignated? Why wasn’t Sir Terence summoned as a witness?

  • Why in 1995 was Mr Wisheart awarded an A merit award, whereas Dr Stephen Bolsin felt forced to leave the country?

  • Why did the Society of Thoracic and Cardiovascular Surgeons, to whom annual returns are made, not act?

  • Did the Bristol Royal Infirmary act against the patients’ interests by operating purely so that the substantial supraregional funding would continue? The lack of funding mentioned by Professor Dunn was proved at the GMC not to have been an issue.

I hope the public inquiry will address these and numerous other issues.

References

  • 2-1.Dunn PM. The Wisheart affair: paediatric cardiological services in Bristol, 1990-5. BMJ. 1998;317:1144–1145. doi: 10.1136/bmj.317.7166.1144. [DOI] [PMC free article] [PubMed] [Google Scholar]
  • 2-2.General Medical Committee. Transcript of the professional conduct committee hearing. London: GMC; 1998. [Google Scholar]
  • 2-3.Sharma AK, Brawn WJ, Mee RB. Truncus arteriosus. Surgical approach. J Thorac Cardiovasc Surg. 1985;90:45–49. [PubMed] [Google Scholar]

Articles from BMJ : British Medical Journal are provided here courtesy of BMJ Publishing Group

RESOURCES