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Hearing summary

25th MARCH 1999

The second block of evidence, which began today, will look at the national scene - including evidence from the Department of Health, witnesses from the Supra-Regional services, Royal Colleges and professional organisations.

Dr Howard Swanton, President of the British Cardiac Society (BCS), gave evidence to the Inquiry today. He outlined the Society’s function and its role regarding the production and enforcement of guidelines and staffing surveys, stating that guidelines are published in the journal Heart. He also described the voluntary peer review system, which was started in 1996 and includes 165 cardiac centres (incl. six paediatric cardiac centres). He emphasised that the guidelines and peer review scheme are produced and run by cardiologists in adult cardiac medicine and not cardiac surgery. He went on to tell the Inquiry that the BCS has been extensively involved since 1995 with the Central Cardiac Audit Database and has been involved with the National Confidential Enquiry into Post-operative Deaths. Dr Swanton told the Inquiry that the BCS is not directly involved with surgical training issues.

In his evidence to the Inquiry, Dr Michael Godman, President of the British Paediatric Cardiac Association (BPCA) raised many issues. He commented on the "vacuum in relation to the enforcement of standards relating to paediatric cardiac services". With regards to monitoring, he said that during the period of supra regional centres only the number of surgical operations, not the outcomes, were monitored centrally. He stated that the Association’s view was that the analysis of surgical outcomes should be assessed on the basis of organisational performance and the identification of system failures rather than focus only on the surgeon. He said that there was a need for a framework in which continuous appraisal of a centre’s performance in surgical and medical care can be made and went on to suggest a system of peer review to undertake this task. He stressed the need for high quality data collection and went on to discuss the need for the establishment of the register of experts to teach new procedures to surgeons and physicians. He stated the importance of experienced trained middle grade ITU staff being available 24 hours a day and discussed at length the value of informed consent.

 

Dr Jane Ratcliffe, former Honorary Secretary of the Paediatric Intensive Care Society (PICS) came to give evidence to the Inquiry today. She described a series of reviews of Paediatric Intensive Care, which had taken place across the country during the 1980s and 90s. She noted that all of these reviews had observed deficiencies in the facilities provided and had made recommendations, which had not been acted upon at the time. She raised several issues including the view that the preferred configuration for paediatric intensive care should be in a paediatric setting rather than a cardiac setting and that a split site between cardiac surgery and cardiology was not ideal. PICS recommended that a Paediatric Intensive Care Unit (PICU) should be situated close to other essential services and departments: A&E, X-ray, operating theatres, and laboratories. She highlighted the changing emphasis placed on the importance of specialist trained nursing for paediatric intensive care over the period and discussed issues relating to the number of intensive care beds available for babies and children. Dr Ratcliffe went on to comment on the need for appropriate facilities to be provided for families wishing to stay with their children whilst being cared for in a PICU.

 

FULL TRANSCRIPT

   1     Day 7, 25th March, 1999
   2   (9.35 am)
   3   MR MACLEAN: Chairman, good morning. Could I call
   4     Dr Swanton, please?
   5        Dr Swanton, could I ask you just to stand to take
   6     the oath, please?
   7          DR ROBERT HOWARD SWANTON (Sworn):
   8            Examined by MR MACLEAN:
   9   Q. Do sit down, Dr Swanton. Could I ask you to tell us
  10     first of all your full name and your professional
  11     address, please?
  12   A. I am Robert Howard Swanton. I work at the Middlesex
  13     Hospital, Mortimer Street, London W1.
  14   Q. You are, I think, a consultant cardiologist?
  15   A. That is correct.
  16   Q. You have been for a period of how long?
  17   A. 20 years.
  18   Q. You have worked at that Middlesex Hospital for all of
  19     that period?
  20   A. All of that time.
  21   Q. I think currently you are the President of the British
  22     Cardiac Society and your term of office runs from
  23     October 1998 until the year 2001?
  24   A. That is correct. I had to take on an extra year at
  25     short notice following the death of one of my
0001
   1     colleagues.
   2   Q. Dr Swanton, if you look at the screen in front of you,
   3     if we could have document witness 66/1, please, if we
   4     just scroll down that page, that is the first page of
   5     a statement that you have made to this Inquiry, is it
   6     not?
   7   A. Yes, it is.
   8   Q. If we could just scroll through, please, to page 66/5,
   9     that is your signature, is it not?
  10   A. It is, yes.
  11   Q. You have made a five-page statement to this Inquiry, and
  12     you have submitted some other helpful documents we will
  13     come to in a moment.
  14   A. Indeed.
  15   Q. The British Cardiac Society has as its main object, does
  16     it not, the advancement of knowledge of diseases of the
  17     heart and circulation for the benefit of the public?
  18   A. That is correct.
  19   Q. The officers of the Society comprise the President, the
  20     President-Elect and Honorary Treasurer, Secretary and
  21     Assistant Secretary?
  22   A. Correct.
  23   Q. Whilst you are the President of the Society now, you
  24     have previously served a term as the Secretary of the
  25     Society?
0002
   1   A. I have.
   2   Q. You have set out briefly in your statement that the
   3     Society first met in 1937. We need not go back as far
   4     as that, but there are cardiologists and cardiac
   5     surgeons on the Council of the Society?
   6   A. That is correct. We always have one surgeon on the
   7     Council, so that when his term of office expires, the
   8     electorate are requested to nominate a surgeon, or more
   9     than one, and then the votes are cast and a surgeon is
  10     elected. So there is always one surgeon on the Council,
  11     yes.
  12   Q. It would be fair to say that the Cardiac Society was
  13     predominantly an organisation of cardiologists?
  14   A. It is.
  15   Q. The surgeons having their own organisation, the Society
  16     of Cardiothoracic Surgeons?
  17   A. That is right, yes.
  18   Q. It happens at the moment Professor Angelini from the
  19     University of Bristol sits on the Council of the
  20     Society?
  21   A. He sits on the Council by virtue of his role as part of
  22     the Society of Cardiovascular Research. The elected
  23     surgeon is actually Mr Jim Munroe from Southampton, so
  24     we have two surgeons on the Council at the moment.
  25   Q. There are nine affiliated groups to the Society. Page 2
0003
   1     of your witness statement, WIT 66/2, please. You set
   2     out those nine groups there at the top of the page?
   3   A. Yes.
   4   Q. We see that many of these societies we will be hearing
   5     from, indeed Dr Godman, as you may know, will be here
   6     later this morning. He is from the British Paediatric
   7     Cardiac Association. These organisations are, within
   8     their own fields, largely autonomous of the Cardiac
   9     Society, are they not?
  10   A. They report to the Council of the British Cardiac
  11     Society. The President of each of them sits on
  12     a Council which meets twice a year, so they are
  13     autonomous to a certain extent, but nonetheless, linking
  14     through the Council of the Cardiac Society.
  15   Q. So would it be fair to describe the British Cardiac
  16     Society as the umbrella organisation of these
  17     nine affiliates?
  18   A. Yes.
  19   Q. The British Paediatric Cardiac Association was founded
  20     in 1991, Dr Godman I think will tell us. Was there any
  21     body of the Society before 1991 which was specifically
  22     concerned with paediatric cardiac medicine or surgery?
  23   A. Not to my knowledge. Not a specific group. It was all
  24     under the umbrella of the British Cardiac Society as
  25     a whole.
0004
   1   Q. Was that because paediatric cardiology and cardiac
   2     surgery was not seen as a separate branch of cardiology?
   3   A. I think 20 years ago, a lot of adult cardiologists were
   4     treating children. Certainly, when I started at the
   5     Middlesex Hospital 20 years ago, we had a paediatrician
   6     with an interest in cardiology and I was treating
   7     paediatric patients with him, so it was not unusual in
   8     those days for adult cardiologists to treat children.
   9     As time went on, it became clear that was inappropriate
  10     and gradually a group of paediatric cardiologists
  11     developed, but there were still small numbers. I think
  12     part of the problem was there were small numbers of
  13     paediatric cardiologists.
  14   Q. Would it be right to say now it would be unusual,
  15     perhaps highly unusual, for a cardiologist to treat both
  16     adult and paediatric patients?
  17   A. It would be unusual, yes. There is a grey area when the
  18     child reaches adolescence and a new specialty is
  19     developing, Grown-up Congenital Heart Disease, GUCHD for
  20     short, in which both adult cardiologists and paediatric
  21     cardiologists obviously have an interest with the
  22     interface.
  23   Q. So we can discover how many different branches of
  24     cardiology function there now are, 20 years ago, in the
  25     late 1970s, there were simply cardiologists who treated
0005
   1     adults and children?
   2   A. There were. There were some paediatric cardiologists,
   3     but there were some adult cardiologists treating
   4     children as well.
   5   Q. But nowadays, we have first of all a distinction between
   6     adult cardiologists and paediatric cardiologists?
   7   A. Yes.
   8   Q. There is an interface at the adolescent level, the
   9     Grown-up --
  10   A. -- Congenital Heart Disease Group, yes.
  11   Q. Within paediatric cardiology, there is a division, is
  12     there not, between very young children, the neonates and
  13     infants, those under one year of age, and older
  14     children, adolescents?
  15   A. Yes. They do subdivide, but you will have to ask
  16     Dr Godman more about that than myself.
  17   Q. As it happens, your own practice, as you have already
  18     suggested has moved away from treating children, and you
  19     would now see yourself as exclusively an adult
  20     cardiologist?
  21   A. Absolutely, yes.
  22   Q. Dr Godman will tell us that one of the first acts of the
  23     British Paediatric Cardiac Association was to establish
  24     a Working Party on the future of paediatric cardiology.
  25     In fact, a Working Party was established, I think, in
0006
   1     1988.
   2        If we go to document BPCA 1/1, this is a report of
   3     the Joint Working Party of the British Cardiac Society,
   4     your society. If we look at the first paragraph on the
   5     left-hand side:
   6        "The committee was formed as the result of
   7     a perceived crisis in consultant staffing in paediatric
   8     cardiology in the United Kingdom ... The situation
   9     which confronted the profession in 1987 and 1988 was
  10     very worrying. Two newly constituted consultant posts
  11     in paediatric cardiology and two existing posts were
  12     unfilled because there were no suitably trained
  13     applicants."
  14        We see the Working Party was set up.
  15        Are you able to help us with why it was that
  16     a particular crisis should have emerged in 1987 and
  17     1988?
  18   A. I cannot tell you very much about it. I was aware there
  19     was a shortage of Senior Registrars in paediatric
  20     cardiology at that time. The paper goes on to point out
  21     that they will not be able to fill further consultant
  22     posts and suggests making proleptic appointments to
  23     allow continuing training in the consultant grade.
  24        Why that shortage of Senior Registrars occurred,
  25     I do not know. I think it was obviously manpower
0007
   1     planning problems. We were dealing at that time with
   2     a very small specialty in its own right, anyway, and
   3     I think manpower planning obviously was a big problem at
   4     that stage.
   5   Q. It is a phenomenon that is true equally of cardiac
   6     surgery as cardiology, that there is a small number of
   7     surgeons, paediatric cardiac surgeons and paediatric
   8     cardiologists, but the resource from which the
   9     consultant pool is drawn will be the Senior Registrar
  10     level, so obviously, tomorrow's consultants will be
  11     drawn from today's Senior Registrars?
  12   A. Specialist Registrars now, but yes.
  13   Q. I think Mr Langstaff will probably go into this report
  14     in a little more detail with Dr Godman. I do not want
  15     to dwell on it now. Can I turn to the journal which is
  16     published by the British Cardiac Society? It is now
  17     called Heart, is it not?
  18   A. It is.
  19   Q. It used to be known as the British Heart Journal?
  20   A. Correct.
  21   Q. That has been published ever since January 1939. It is
  22     published how often?
  23   A. It is published every month.
  24   Q. That will go to every member of the British Cardiac
  25     Society?
0008
   1   A. It will.
   2   Q. Which is in effect every cardiologist and every cardiac
   3     surgeon in Britain?
   4   A. It should be. I do not have proof that every surgeon is
   5     a member of the British Cardiac Society, but we have 934
   6     members, so it certainly includes every cardiologist,
   7     yes.
   8   Q. Would it be fair to describe Heart as being the major
   9     published public forum for debate amongst the specialist
  10     cardiac community?
  11   A. Yes, it is our only journal. We used to have
  12     Cardiovascular Research, which we sold two years ago.
  13     It is our forum journal.
  14   Q. What is the editorial arrangement for that journal?
  15     Is an editor elected or appointed?
  16   A. Yes. The editor is appointed for five years, which is
  17     renewable for a period within agreement. The editorship
  18     is actually just changing this month, the previous
  19     editor having done seven years. He then chooses his own
  20     board of assistants which will include a European member
  21     and possibly an international member from the States
  22     also, and will include a cardiac surgeon.
  23   Q. So the editor is appointed by whom, for that period?
  24   A. The editor is appointed by Joint Committee. I did not
  25     make it completely clear: Heart, the journal, is owned
0009
   1     jointly by the BMA and by the British Cardiac Society,
   2     50:50, so the election of the editor is a joint
   3     appointment by the BMA and by the British Cardiac
   4     Society together.
   5   Q. You refer in your statement, if we can just go to
   6     WIT 66/2, please, the foot of the page:
   7        "Standard setting
   8        "Over the years the BCS has produced a series of
   9     guidelines and staffing surveys, a list of which is
  10     enclosed for your records. These started in 1985 and
  11     have continued on a regular basis until the present
  12     day."
  13        You have helpfully provided that list. If we go
  14     to WIT 66/6, there is a list at pages 6, 7, 8 and 9.
  15     So the Panel understands how this information has been
  16     obtained, you have drawn attention here to 40 separate
  17     publications, each of them published in the British
  18     Heart Journal, or later Heart, as it became, and I think
  19     the Inquiry has requested copies of some but not all
  20     those documents. You have provided the ones we have
  21     asked for?
  22   A. Yes.
  23   Q. We see that when the British Cardiac Society wants to
  24     lay down some guidelines or some principles or give some
  25     instruction to the cardiac community, it will do so
0010
   1     through the forum of the British Heart Journal, or
   2     Heart?
   3   A. Yes. I mean, before it reaches Heart, it may well have
   4     been discussed, obviously in Council, and has to be
   5     passed by the Council of Cardiac Surgery, the
   6     guidelines, and they may well have been discussed at one
   7     of the meetings of the British Cardiac Society. There
   8     is always a bit of a delay before they appear in Heart,
   9     but that is where they end up, yes.
  10   Q. As you know, the Inquiry's terms of reference cover the
  11     years 1984 to 1995. What I do not want to do is to go
  12     through all the papers you have submitted, because the
  13     Panel will read those. What I do want to do is just to
  14     highlight some of the important developments in
  15     cardiology and cardiac surgery from the Society's point
  16     of view during the Inquiry's terms of reference.
  17        Can we therefore turn to BCS 1/1, please? Just
  18     blow that up a little. The Panel will be aware that
  19     this is one of the reports which Dr Godman will be
  20     dealing with, because it is one of the reports on which
  21     the 1992 Joint Working Party report is based.
  22        We see there that this is a Royal College of
  23     Physicians of London, Royal College of Surgeons of
  24     England and Joint Cardiology Committee third report.
  25     This would therefore give us a useful overview of the
0011
   1     position in adult and paediatric cardiology at the
   2     beginning of the Inquiry's terms of reference, because
   3     this is published in 1985.
   4        If we just look at the first page, if you scan
   5     down the summary, we see that the conclusions were as
   6     follows:
   7        "Cardiology was continuing to change rapidly ..."
   8        In the fourth line:
   9        "(2) The burden of heart disease in Britain shows
  10     some decline recently, but this falls short of that
  11     which has occurred in other countries. The vital role
  12     of the initial assessment of patients to ensure the
  13     efficient use of limited resources falls upon physicians
  14     and paediatricians in district general hospitals."
  15        We will come back to that in a moment.
  16        "Each district general hospital should have at
  17     least one physician practising general medicine but
  18     having a special expertise and training in cardiology."
  19        Pausing there, what is being contemplated is that
  20     each district general hospital would have not
  21     a specialist cardiologist, far less a specialist adult
  22     or paediatric cardiologist, but would have at least one
  23     doctor who had a special expertise and training in
  24     cardiology.
  25        Would that be typical of the pattern in 1985, in
0012
   1     district general hospitals?
   2   A. It would be the desirable pattern. Certainly,
   3     several district general hospitals in those days had
   4     no cardiologist under any circumstances. By
   5     'cardiologist', we mean a person who spends more than
   6     40 per cent of his time looking after cardiac patients,
   7     but some DGHs would not have had anybody. Certainly
   8     there were some districts, at least 22 in those days,
   9     who had no cardiologist at all.
  10   Q. We see the other conclusions in the summary. Number 7,
  11     towards the foot of the page:
  12        "Supra-regional centres for the cardiac problems
  13     of infants under the age of one year have been
  14     identified and should receive supra-regional funding.
  15     Their staffing and equipment should be appropriate to
  16     the exceptional demands of this work. If such a centre
  17     is sited within an existing cardiac centre, the staff
  18     will be additional to those needed for the adult work.
  19     Facilities for older children should continue to be
  20     provided as at present at all cardiac centres."
  21        So those under one year old were treated
  22     specially, as supra-regional services, while all other
  23     children from one year and above were to be treated at
  24     all cardiac centres?
  25   A. Yes.
0013
   1   Q. You mentioned there, Dr Swanton, the definition of
   2     'cardiologist'. We get that on the next page of this
   3     document, page 2, the foot of the left-hand column:
   4        "A cardiologist is a physician who has received
   5     formal training in cardiology, spends a major part of
   6     his time practising the specialty, but may also have
   7     responsibilities in general medicine."
   8        That would be an accepted definition of
   9     "cardiologist" at that time?
  10   A. Yes, I think so.
  11   Q. If we look at the next page, page 3, to pick up the
  12     theme of what was happening at the district general
  13     hospital, in the left-hand column:
  14        "Requirements for a cardiac department in
  15     a district general hospital."
  16        About halfway down the left column:
  17        "A recent survey has shown that of the 215 health
  18     districts in England and Wales, only 152 had a member of
  19     staff with special expertise in cardiology, though since
  20     then the number has increased slightly. This leaves
  21     12 million of the population without a cardiologist or
  22     physician with cardiological training in their own
  23     district ..."
  24        We see in the right-hand column:
  25        "Staffing:
0014
   1        "The Committee recommends, therefore, that each
   2     district general hospital should have at least one
   3     physician with special training in cardiology; larger
   4     hospitals might have two."
   5        That is what was suggested in 1985 as being the
   6     appropriate benchmark figure for cardiologists in
   7     district general hospitals?
   8   A. Right.
   9   Q.  Page 5, the same document, the right-hand column,
  10     dealing with paediatric cardiology and cardiac surgery:
  11        "In children, cardiological and cardiac surgical
  12     needs are best separated into those of infants (under
  13     one year), many of whom are seriously ill or
  14     emergencies, and those of older children."
  15        So there is a two-fold categorisation of children.
  16        "The special requirements of the former were
  17     recognised in the second report [Dr Godman will deal
  18     with that] which follows the establishment of
  19     supra-regional centres to deal with the predictable
  20     demands in this field. The recommendations received
  21     support elsewhere ..."
  22        In the next paragraph we see named there the
  23     nine supra-regional centres, Birmingham, Bristol,
  24     Brompton, GOS and so on.
  25        Towards the bottom of the page:
0015
   1        "General paediatricians have a vital role, being
   2     the first to evaluate virtually all infants and children
   3     with heart disease. Paediatric cardiologists,
   4     therefore, must maintain the closest liaison with them,
   5     both clinically and in an educational capacity. Senior
   6     Registrars in paediatrics should be given experience of
   7     infant cardiology in a supra-regional centre and of
   8     general paediatric cardiology, either there or in
   9     a regional cardiac centre. Particular attention should
  10     be paid to the dissemination of expertise in
  11     cross-sectional echocardiography, both to paediatricians
  12     in training, and those already established, since this
  13     should lead to earlier and more accurate diagnosis and
  14     referral."
  15        Dr Swanton, can you just help us with, in 1985,
  16     what the diagnostic tools would be for the cardiologist
  17     in general, and in particular, the paediatric
  18     cardiologist, and perhaps comment on the, I think then
  19     developing, role of the echocardiograph?
  20   A. The basic tools are still the same today. The ECG and
  21     chest x-rays are still fundamentally important, but the
  22     echocardiogram was, then, and has become, the most
  23     important diagnostic tool available to us.
  24   Q. So it was then in 1985?
  25   A. It was being used then, yes. The definition and the
0016
   1     quality of the images was nothing like as good as it is
   2     now; colour flow doppler did not exist, it was basically
   3     straightforward imaging, but it was a great deal better
   4     than ten years before that, when it did not exist. The
   5     quality of the images now are sensational and manage to
   6     avoid a lot of needless cardiac catheterisation.
   7     Cardiac catheterisation was being performed then and is
   8     now, but for different reasons. I am sure Dr Godman
   9     will be able to fill you in. Certainly echocardiography
  10     has eliminated the need for a lot of cardiac catheter
  11     procedures.
  12   Q. Let us turn briefly to staffing issues. Can I have
  13     document BCS 1/17, please?
  14        I think what happened was that every two years, at
  15     this stage, the British Heart Journal would publish
  16     a survey of staffing of cardiologists throughout the
  17     UK. We see this is the 5th Biennial Survey, 1988.
  18        If we go to the next page, page 18, please, we see
  19     from the summary, four lines down:
  20        "The United Kingdom with Ireland has fewer
  21     cardiologists than all other European countries with
  22     reliable figures."
  23        Is that something to do with the level of training
  24     required for cardiologists in the UK and Ireland?
  25   A. No, I mean, the whole of these surveys was driven by
0017
   1     Douglas Chamberlain (the first author on all of them) to
   2     simply improve the number of cardiologists in this
   3     country. I think at the beginning of the 1980s there
   4     were only 200 cardiologists in the country. We now have
   5     just over 600 -- 603. So in the space of 19 years the
   6     number has tripled.
   7   Q. If we look at the next page, page 19, the top of the
   8     page, there is a table. The number of cardiologists in
   9     England and Wales between 1980 and 1988 is charted
  10     there, so this covers the first part of our period.
  11        We see it is divided into adult and paediatric;
  12     cardiology only; or those having a major interest in
  13     cardiology. So it appears by 1980 the division between
  14     adult and paediatric cardiologists that you suggested
  15     was not well known more than 20 years ago was becoming
  16     a well-established division?
  17   A. Yes, but as you will see, in very small numbers.
  18   Q. And in 1988, paediatric cardiologists, there were 33 of
  19     those in England and Wales, which was exactly the same
  20     number as there had been two years before, albeit that
  21     two of those first 33 were major interests rather than
  22     pure cardiologist specialists.
  23        At the bottom of that page there is another table
  24     which divides those cardiologists by region in 1988. We
  25     see, about halfway down the table, "South Western", the
0018
   1     population 3,205,500, which would be covering this area
   2     of the country. Cardiology only: adults, 5;
   3     paediatric 2; major interest adult cardiologists, 6; no
   4     major interest paediatric cardiologists. So for the
   5     south western region in 1988, there were two paediatric
   6     cardiologists.
   7   A. Yes.
   8   Q. At the very bottom, Wales, there were 5 adult
   9     cardiologists and no paediatric cardiologists; another
  10     8 adult major interest cardiologists, but none at all in
  11     the whole of Wales describing themselves as paediatric
  12     cardiologists.
  13        If we look at the text of the paper, just above
  14     that table on the right-hand side:
  15        "The total number of cardiologists within the
  16     region shows wide disparities that do not appropriately
  17     reflect the differences in population. For example, the
  18     South Western region has 1 cardiologist for every
  19     246,500 people, whereas North West Thames has one
  20     cardiologist for every 140,500."
  21        What would be the factors which would drive the
  22     number of cardiologists that there would be in an area
  23     in the late 1980s? This is before Trusts, before the
  24     purchaser/provider split?
  25   A. This was a question that caused a lot of consternation,
0019
   1     I remember, in the early days of the British Cardiac
   2     Society. The reason was that district general hospitals
   3     were not appointing cardiologists, and then somebody
   4     would retire, for instance, and instead of
   5     a cardiologist being appointed, a diabetologist or
   6     a gastroenterologist was felt to be more necessary. It
   7     was a local DGH (District General Hospital) issue, but
   8     it was widespread. None of us were ever able to
   9     establish the real reasons behind it, whether there was
  10     prejudice against the formation of cardiologists, but
  11     there were definitely occasions in which a cardiologist
  12     was needed and then some other specialty was appointed
  13     in their place, with the funding.
  14   Q. That would be the decision of the general manager, would
  15     it, in the late 1980s?
  16   A. Well, a group decision, with the physicians who existed
  17     in the DGH at the time, together with the management,
  18     yes.
  19   Q. So the different consultants in the different
  20     specialities would get together with the general
  21     manager, and essentially would have to thrash out --
  22   A. -- what their greatest need was at the time, as they saw
  23     it.
  24   Q. Once they had made that decision at the district general
  25     hospital level, would there be any scrutiny higher up in
0020
   1     the Health Service chain to see whether, as a region or
   2     a country as a whole, an appropriate overall pattern was
   3     being established?
   4   A. Certainly the figures were being observed, as you can
   5     see, but I do not think there was anything anybody else
   6     could do about it. The fact was in those days the
   7     general physicians with gastroenterology or gastric
   8     medicine or diabetic interest were the people who looked
   9     after coronary care patients. Essentially that is what
  10     we were generally dealing with. Patients coming into
  11     the coronary care units were (and still are in some
  12     units) being managed by non-cardiologists.
  13   Q. That is different today, is it?
  14   A. Certainly. The feeling was they could manage it
  15     perfectly well. That was the philosophy. In a sense
  16     cardiologists were not felt to be necessary, perhaps, in
  17     those particular units. They had a Coronary Care Unit
  18     which was working well and they had been looking after
  19     coronary care patients for a long time and would
  20     continue to do so.
  21   Q. If we look at document BCS 1/38, please, this is the
  22     next by biennial staffing survey, 1989. I do not want
  23     to go into this in great detail, but in the left-hand
  24     column we see the number of cardiologists had increased
  25     over the two years from 1988 to 1990 by 32, of which
0021
   1     23 work only in the specialty and nine as general
   2     physicians. The rate of increase in numbers over the
   3     past decade has been reasonably consistent, with an
   4     average of approximately 4.4 per cent per year.
   5        So there is a pattern of not spectacular but
   6     steady rise in the number of cardiologists going on
   7     through the 1980s, which is accelerated, I think, in the
   8     early part of the 1990s?
   9   A. Yes. I do have a graph right up to the present day, and
  10     it is pretty linear: between about 5 and 7 per cent
  11     annual increase. It has just drooped this last year,
  12     but by and large it has been between a 5 and 7 per cent
  13     increase per year.
  14   Q. If we go to page 39, at the foot of the page, there is
  15     a table that the Panel might see as being helpful:
  16     cardiologists divided into adult and paediatric
  17     cardiologists. We see the increase in purely paediatric
  18     cardiologists. There is an increase of 105 per cent
  19     during the 1980s, from 19 to 39, so that would be
  20     indicative, would it not, of the developing recognition
  21     of paediatric cardiology as a separate specialty from
  22     adult cardiology?
  23   A. Absolutely, yes.
  24   Q. Again, there is a similar graph on the next page,
  25     page 40.
0022
   1        Then, at the foot of that page, if we show one
   2     more table, this is similar to the one we saw two years
   3     before. Again, if we look at South Western, South
   4     Western's population is 3.2 million odd. It has a total
   5     of 14 cardiologists, up one from two years before.
   6        If we look at the other regions with comparable
   7     populations, for example, Northern and North West
   8     Thames, the Panel can read the table for themselves, but
   9     we see that South Western, for whatever reason, has
  10     a smaller number of cardiologists than other regions of
  11     comparable population?
  12   A. Yes. The geographical inequalities were well known, and
  13     still exist in certain areas of the country. That is
  14     one of the many things the National Health Service
  15     framework is going to have to deal with.
  16   Q. There are other similar reports. I will not weary the
  17     Panel with too many of those, but for the record, the
  18     1991 staffing record is at page 51; the 1992 staffing
  19     survey at page 89.
  20        May I go, then, to the question of the
  21     cardiologist in the district general hospital.
  22        May I have BCS 1/103, please? We have moved ahead
  23     to a publication in the British Heart Journal in 1994.
  24     There was a Working Group set up by the BCS dealing with
  25     cardiology in the district general hospital.
0023
   1        If we look on 103 in the left-hand column, please,
   2     about halfway down:
   3        "The role of the district hospital
   4     cardiologist ..."
   5        The second paragraph:
   6        "Coronary artery surgery...", as opposed to
   7     congenital heart disease that the Inquiry is most
   8     concerned with. We see in that paragraph, the last
   9     sentence:
  10        "It is now the policy of the British Cardiac
  11     Society to encourage properly trained district hospital
  12     cardiologists to participate in the invasive
  13     investigation of their patients."
  14        That means, essentially, catheterisation?
  15   A. Yes.
  16   Q. And the foot of that column:
  17        "The role in elective care has developed from that
  18     of the provision of a basic screening service for
  19     patients suitable for intervention to that of provision
  20     of highly technological diagnostic skills and therapy."
  21        So the cardiologist at district hospital level is
  22     moving from assessing the situation with the patient and
  23     then handing the patient on to someone else, to
  24     actually, as it were, doing it himself?
  25   A. Yes. This is a gradual process. The vast majority of
0024
   1     district general hospitals do not have cardiac
   2     catheterisation laboratories, but gradually we are
   3     seeing an increase in the number of DGHs that have
   4     catheter laboratories, and one of the recommendations in
   5     this report was that every district general hospital
   6     which possessed a catheter laboratory should have two
   7     full-time consultant cardiologists on the staff, not the
   8     one as was recommended in the 1985 report.
   9   Q. I think if we look at the right-hand column of that same
  10     page, please, in the top half, paragraph 2.5, the end of
  11     the paragraph:
  12        "There were still 44 districts in the United
  13     Kingdom [this is 1994] that do not provide the services
  14     of a physician with a special interest in cardiology,
  15     and there are 34 larger districts that do not have two
  16     cardiologists, despite the recommendations made in the
  17     Fourth Report of the Joint Cardiology Committee of the
  18     Royal College."
  19        That is the recommendation you have just referred
  20     to?
  21   A. Yes.
  22   Q. Over the page, page 104, paragraph 2.10. By this stage
  23     something called 'Calman' had happened.
  24        2.10 says:
  25        "It is anticipated that cardiology trainees
0025
   1     post-Calman will be required to spend at least 20 per
   2     cent of their training period in district hospitals.
   3     This will have a considerable impact on the time that
   4     district hospital cardiologists will have to commit to
   5     teaching. Future requirement for consultants will be
   6     long overdue mandatory continuing medical education, or
   7     CME. Another development in recent years has been the
   8     development of courses in cardiac care for nurses, and
   9     many of these are now run in district hospitals.  It is
  10     vital that protected time for all these important
  11     activities is available. The commitment to such
  12     activities necessarily removes the consultant
  13     cardiologist from direct patient contact, and is an
  14     important factor in the recommendations ..."
  15        What was the difference that was coming about with
  16     the Calman report suggestion that 20 per cent of
  17     training should be in district hospitals? What is the
  18     rationale for that?
  19   A. The problem is that more than half of the Calman
  20     Specialist Registrars are going to be dual accredited,
  21     that is, they have to be trained in general medicine and
  22     in cardiology in the 6 years they are spending as
  23     Specialist Registrars. Slightly less than half will be
  24     accredited in just cardiology, i.e. not requiring
  25     general medical expertise at this time.
0026
   1        The Registrars that are seeking dual accreditation
   2     in general medicine and cardiology will need to spend at
   3     least a year in the district general hospital doing
   4     general medical take. The exact training programme,
   5     even now, is still being debated by the Royal College of
   6     Physicians and the British Cardiac Society, and still
   7     changes are occurring.
   8   Q. What does the British Cardiac Society think the pattern
   9     ought to be?
  10   A. Well, we, as cardiologists, feel that the training for
  11     general medicine should occur in the first part of the
  12     six-year programme, and certainly in the first two
  13     years, but then the last three years at any rate, we
  14     feel, the British Cardiac Society, should be devoted
  15     purely to cardiology, because it is such a huge
  16     subject. The College of Physicians feel that the final
  17     year, or at least some of the time in the final two
  18     years, should be spent doing general medical take, which
  19     is tending to take the Specialist Registrar back to the
  20     DGH to get his on-take experience. That is causing
  21     considerable difficulties.
  22        So even now, two years on, we still have not quite
  23     got the training sorted out for these dual accreditation
  24     Specialist Registrars. Generally it is working out
  25     reasonably well in most centres, but the nub of the
0027
   1     facts are that in the first year, or possibly first two
   2     years, much of the Specialist Registrar's training will
   3     be in the DGH, where he will get his or her on-take
   4     experience, plus his early cardiology training, which
   5     may include catheterisation at the DGH. If it does not,
   6     then it is possible he could spend a day a week perhaps
   7     in the tertiary centre learning cardiac catheter skills
   8     from the DGH.
   9   Q. As well as the catheterisation techniques that would be
  10     learned, there have been developments which this paper
  11     highlights in echocardiography as well. If we look at
  12     the foot the middle column, the very bottom, 3.6:
  13        "The provision of cross-sectional echocardiology
  14     combined with doppler facilities and colour-flow imaging
  15     should now be regarded as the norm within district
  16     hospitals."
  17        So that is 1994?
  18   A. Yes, absolutely.
  19   Q. And then, further down, there is a reference to:
  20        "...new techniques such as transoesophageal
  21     echocardiography, which are likely to spread to district
  22     hospitals as cardiologists trained in the procedure are
  23     appointed to such posts."
  24        Can you explain to me what benefit
  25     transoesophageal echocardiography brings?
0028
   1   A. The standard transthoracic echocardiogram just involves
   2     a probe on the front of the chest, and inevitably the
   3     structures at the front of the heart are better
   4     visualised than the structures at the back. To get at
   5     structures at the back of the heart, particularly the
   6     left atrium and the mitral valve, and also in patients
   7     who have had valve replacements, where acoustic shadows
   8     are cast by the metal struts of the valves, we can get
   9     much better imaging by sliding a probe down the
  10     oesophagus, much in the form of an endoscopy, and
  11     looking at the back of the heart with this technique.
  12   Q. When did this technique come on the scene?
  13   A. I would think at least 5 years ago, and is now being
  14     used in a lot of district general hospitals, many, many
  15     consultant cardiologists are having to learn the
  16     technique themselves, and then train their Specialist
  17     Registrars subsequently. It is becoming an absolutely
  18     fundamental part of echocardiography, and all Specialist
  19     Registrars will be trained in it.
  20   Q. Can I move ahead to BCS 210/3, please. Just to recap
  21     before we come to this latest document, the changes that
  22     we have seen up to 1994 can be summarised as follows,
  23     could they: that the district general hospital
  24     cardiologist has been increasingly engaged in advanced
  25     techniques which were previously the province of the
0029
   1     regional centre?
   2   A. Correct.
   3   Q. Therefore, it is important that the district hospital
   4     cardiologist has a greater degree of expertise, not just
   5     at the screening stage but at the invasive procedure
   6     stage, than would have been necessary 15 years ago when
   7     the district general hospital was simply a screening
   8     operation?
   9   A. Yes. I mean, 15 or 20 years ago, it would probably have
  10     been impossible to have obtained a consultant cardiology
  11     post with very little if any cardiac catheter
  12     experience, but that would simply not be the case now
  13     and all appointments would be expected to have done
  14     quite a lot of cardiac catheterisation, even if they
  15     were not going to do it in their DGH post.
  16   Q. I think this is after the end of the Inquiry's period,
  17     but it brings this little topic up to date: 203 is
  18     a recent publication from the Society's journal, Heart,
  19     November 1997, another Working Group of the Royal
  20     College and the British Cardiac Society. We see the
  21     conclusions of the Working Group in the left-hand
  22     column, the sixth of which is:
  23        "Some centres will be linked with paediatric
  24     cardiology and paediatric cardiac surgical units ...
  25        "The provision of cardiac and cardiac surgical
0030
   1     services continues to fall short of the target set in
   2     1994, with long waiting lists for elective and urgent
   3     cases and difficulties in transfer of patients for
   4     emergency treatment existing in many parts of the
   5     country."
   6        Then 2.3, picking up the subject I have been
   7     dealing with:
   8        "The recent expansion in number of the district
   9     general hospital cardiologists in the separation
  10     purchasers and providers have resulted in changes in the
  11     relation of the regional centres with their surrounding
  12     districts."
  13        This is the result of the purchaser/provider
  14     split.
  15        "Increasingly, DGH physicians are catheterising
  16     their own patients, either within their nearest centre
  17     or in catheterisation laboratories in their own
  18     hospitals, which are sometimes shared with adjacent
  19     districts.
  20        "Patients are then referred for surgical
  21     treatment, often without the involvement of the
  22     cardiologist in the centre. The development of DGH
  23     cardiac catheterisation laboratories has been driven by
  24     the shortfall in existing facilities, the convenience
  25     for patients of not having to travel long distances for
0031
   1     investigation, the training of cardiologists based in
   2     the centre, which places strong emphasis on invasive
   3     investigation ... and by the potential for Trusts to
   4     generate income."
   5        This pattern of the district general hospital
   6     cardiologist doing the catheterisation treatment and
   7     then perhaps referring direct to the surgeon at
   8     a centre, and as it were, cutting out the cardiologist
   9     at the centre: is that something that is a concern of
  10     the British Cardiac Society?
  11   A. There are concerns which have been expressed. The first
  12     is that a patient, as you say, may arrive in the
  13     tertiary centre having been referred from the DGH and
  14     the physicians and cardiologists in the tertiary centre
  15     basically do not know the patient. So what most centres
  16     now do is make sure that they come in under a consultant
  17     cardiologist in the tertiary centre, who then takes
  18     over, as it were, the care for the duration of the time
  19     with the relevant surgeon. Often other medical
  20     procedures, such as permanent pacing, et cetera, are
  21     required after surgery, so they do need a consultant
  22     cardiologist as well, as part of their care. That is
  23     becoming the normal role.
  24        The second thing that is happening is that the
  25     shift of routine investigation from the tertiary centre
0032
   1     out to the periphery has changed completely the sort of
   2     work which is now being done in the tertiary centre.
   3     Whereas ten years ago a lot of the work would have been
   4     routine investigation, very little routine investigation
   5     now occurs in the tertiary centre, which now devotes its
   6     time much more to interventional procedures such as
   7     angioplasty, valvulopasty, and so on.
   8   Q. So the tertiary centres become super specialist?
   9   A. It is becoming super specialist, yes, it is. A lot of
  10     the early routine catheter training which the Specialist
  11     Registrar needs has to be done in the DGH.
  12   Q. Can I have BCS 1/78, please? This document, as we see,
  13     is a discussion of the role of catheterisation
  14     laboratories in district general hospitals in the
  15     context of the development of the internal market. We
  16     do not know, I have not been able to find out when this
  17     paper was written, but we know that it was published in
  18     1994.
  19        If we go to page 80, please, and just blow up the
  20     top two-thirds of that page, can I ask you to have
  21     a look at that section under the heading "Contracting
  22     arrangements" and tell me whether or not the problems
  23     highlighted there have resolved or got worse, or what
  24     has happened since.
  25   A. The whole purchasing system is changing as we speak now,
0033
   1     and I think the comments being made here really no
   2     longer are as relevant. Certainly, when the DGH started
   3     to take over the routine investigation work, great holes
   4     appeared in the funding for the tertiary centre, because
   5     suddenly a lot of its work was being removed and
   6     performed in the district general hospital. One
   7     hospital in Scotland told me one third of its budget had
   8     suddenly disappeared as soon as the peripheral DGH
   9     started work, so there were in the early days
  10     considerable fund movements. But I think things have
  11     settled down a bit in the sense that the tertiary centre
  12     is now taking over more interventional work, which is
  13     obviously per case more expensive, so that the actual
  14     end result in funding has not altered very much.
  15   Q. Let us look at another document, BCS 1/67. This is
  16     evidence from the Society of which you are the President
  17     currently, the British Cardiac Society, to something
  18     called the Cardiac Specialty Review. That was, I think,
  19     concerned with the review of London health service
  20     provision generally. We see from the foot of this page
  21     that the evidence is dated 6th April 1993.
  22        The passage I want to go to is the next page,
  23     page 68. We see paragraph 2.1:
  24        "The Cardiac Specialty Review has the task of
  25     recommending how cardiac services in and around London
0034
   1     may be organised and configured in a way which provides
   2     London with high quality and accessible cardiac care
   3     avoiding unwarranted duplication, providing a stronger
   4     service and an academic base for the future.
   5        "2.2: In considering the task and its advice, the
   6     British Cardiac Society Working Party was heavily
   7     influenced by the fourth report of a Joint Cardiology
   8     Committee of the Royal College of Physicians of London
   9     and the Royal College of Surgeons of England [which we
  10     will see with Dr Godman].
  11        "This report was agreed by the Councils of the
  12     two bodies, thus indicating wide professional support.
  13     Beyond this, the Working Party has made certain
  14     assumptions, discussed in the paragraphs that follow.
  15        "(i) Over time, regions outside London would move
  16     progressively towards self sufficiency with cardiac
  17     services other than those which were highly specialised
  18     or dealt with conditions of low frequency. This
  19     situation does not, of course, prevail today with some
  20     well-known current substantial inflows, e.g. from the
  21     South Western and Oxford regions, and from South Wales."
  22        Help us, if you can, with the nature of those well
  23     known substantial inflows from the South West and from
  24     South Wales?
  25   A. I cannot tell you a huge amount, because I was not one
0035
   1     of the centres that was taking these patients, but
   2     certainly, the Royal Brompton Hospital had a substantial
   3     flow of patients from the South West of England, from
   4     Devon and Cornwall, and also from South Wales.
   5   Q. And they would be going for cardiac surgery?
   6   A. They would be going for both investigation for cardiac
   7     catheterisation and subsequently cardiac surgery,
   8     because in those days there was no catheter laboratory
   9     in Devon or Cornwall, to my knowledge.
  10   Q. But there would have been one in Bristol, for example?
  11   A. There would have been. Obviously some of the patients
  12     were going to Bristol and some were coming to London and
  13     some were going to Southampton.
  14   Q. Was the pattern that certain areas, as it were, sent
  15     their people to Bristol and other areas sent their
  16     people to London, or was the pattern rather that each
  17     area would send some to Bristol and some to London?
  18   A. I think it was more dependent probably on personal
  19     relationships between cardiologists, that these flows
  20     were originally established. I do not know how they
  21     were originally established, but I know that
  22     cardiologists from London would go down to the South
  23     West and occasionally do clinics and so on there. So
  24     links were established and close interpersonal
  25     relationships were established which I think influenced
0036
   1     the direction and flow of patients.
   2   Q. So there was a substantial inflow of patients coming
   3     from the furthest South West of England, as it were
   4     driving past Bristol and going to London to be treated,
   5     perhaps having been seen in an outreach clinic by
   6     a cardiologist from a London hospital?
   7   A. I think that is true. I have no figures, but certainly
   8     I was aware of the fact that patients were coming up
   9     from Cornwall to the Brompton, yes.
  10   Q. Adult patients, children or both?
  11   A. I only know about adults; I do not know about children.
  12   Q. Are you able to help us with when this flow of patients
  13     might have started? Is it a phenomenon that had been
  14     well-known for a long time by 1993?
  15   A. Yes. It was well-established by 1993. It was
  16     established by cardiologists at Brompton who have now
  17     long since retired, so it was in the 1980s.
  18   Q. This evidence to the Cardiac Specialty Review deals
  19     briefly with paediatric cardiac surgery at page 76.
  20        At the foot of the page:
  21        "The working party was grateful to Dr Hunter and
  22     the British Paediatric Cardiac Association [Dr Godman's
  23     association as it now is]. Their recommendations were
  24     supported by both the working group and the plenary
  25     meeting."
0037
   1        Over the page, 77, the British Cardiac Society
   2     made the suggestions we see set out at 6.2, and that
   3     rationalisation was necessary. That is the last one.
   4        Then down the page, please:
   5        "6.4: Against this background, the conclusion of
   6     the BPCA, and our own, is that rationalisation should
   7     take place to produce two comprehensive paediatric
   8     cardiac units for London."
   9        Can you help us with what the mechanisation would
  10     be for who is going to ensure there would be only two
  11     paediatric cardiac units in London?
  12   A. I think that is a very difficult question to answer.
  13     There is no legislation which says "You will now close
  14     your paediatric unit" and, as you know, at the time this
  15     report was written, there was a unit at Guys, a unit at
  16     Great Ormond Street and a unit at Brompton, all of them
  17     thriving, and really, only recently, as a result of
  18     mergers of hospitals and medical schools, has the
  19     situation been rationalised, or is being rationalised
  20     slowly, although those three paediatric units still
  21     exist. Indeed, there was a certain amount of paediatric
  22     activity also going on at the Hammersmith hospital, too
  23     small a unit in many people's eyes to continue.
  24   Q. In making this recommendation, how did the Society
  25     envisage that the rationalisation would take place?
0038
   1   A. Essentially enlarging the two units which I think they
   2     felt should "take over", in inverted commas, and
   3     I suppose, reducing the patient flows to the third unit,
   4     but they had no way of legislating to prevent physicians
   5     and paediatricians on the periphery referring patients
   6     to any one of those three units.
   7   Q. Those patients who have been referred to these units
   8     would be referred by the cardiologists in a particular
   9     General Hospital and would be funded by a particular
  10     Health Authority, which by this time was purchasing the
  11     care provided by a particular Trust. Is there any
  12     mechanism for saying to a cardiologist in a district
  13     general hospital, or perhaps at management level to
  14     the purchaser, "We want you to send your work now to
  15     Mr X, hospital Y"?
  16   A. Yes. Indeed, that happens. Occasionally now we have
  17     the message "This has not been funded here. This work
  18     will be done locally or at a district trust". Indeed,
  19     that happens. At the time this report was written, I do
  20     not think it was.
  21   Q. I just want to deal briefly, it may be we are moving
  22     away from your own patch. If I am, do tell me.
  23        So the Panel has the principles in mind at this
  24     stage, we will be hearing evidence in due course from
  25     experts in all of these specialities, but it is accepted
0039
   1     wisdom, is it not, that paediatric cardiology has now
   2     been recognised as being a quite different specialty
   3     from adult cardiology?
   4   A. Absolutely, yes.
   5   Q. And that the links with other branches of paediatric
   6     medicine are very important?
   7   A. Yes.
   8   Q. Does the British Cardiac Society have a view as to the
   9     structure within which paediatric cardiac services are
  10     best delivered at the end of the 20th century? What
  11     kind of structures would they be?
  12   A. I think the feeling is that a paediatric cardiac unit
  13     should be part of a larger more general paediatric unit,
  14     because of the need for ancillary paediatric services.
  15     One of the concerns we have is of a dedicated single
  16     site paediatric cardiac unit in the absence of general
  17     paediatrics, for instance, much in the same way of
  18     isolated adult cardiac surgery in a unit without general
  19     medical facilities.
  20        The fact is that in London the feeling is that we
  21     are gradually devolving to two large units, as specified
  22     in this 1993 report. It is taking time to get there,
  23     but it is, I think, going to happen. Both of those,
  24     certainly the Great Ormond Street one, is in obviously
  25     a unit which has a large number of general
0040
   1     paediatricians in general paediatrics available.
   2   Q. I want to deal with a couple more issues, and then
   3     I will be through. Dealing first of all with the
   4     collection of data and audit, if we go to BCS 1/60,
   5     please, the British Cardiovascular Intervention Society
   6     is one of the affiliates to the British Cardiac Society,
   7     as we saw earlier. This is a paper from 1992, the
   8     British Heart Journal, volume 68. It is reviewing
   9     cardiac interventional procedure in the United Kingdom
  10     during 1990.
  11        If we move to page 61, in the right-hand column:
  12        "Paediatric interventional procedures, table 11:
  13        "The total number of procedures increased by
  14     26 per cent since 1989. The range of procedures widened
  15     to include... dilatation of subaortic stenosis and
  16     closure of ventricular septal defects. The paediatric
  17     interventional procedures had a low mortality and
  18     morbidity, with the exception of balloon dilatation of
  19     the aortic valve. Comments on the 1990 survey of
  20     procedures. Many cardiac units still had difficulty in
  21     providing complete data. There was no improvement since
  22     the 1989 audit."
  23        Why should those difficulties have been present in
  24     1990, about providing data? What is the key to
  25     understanding that?
0041
   1   A. I do not know. The fact is that the audit from the
   2     British Cardiovascular Intervention Society has been
   3     going every year since 1988, so 11 years, so all the
   4     units have had plenty of time to get their databases
   5     together.
   6        I think one of the problems is that a large amount
   7     of data has to be put into the computer and perhaps
   8     personnel are just not available to do it. I mean,
   9     there is no other reason. The software required is not
  10     expensive or difficult and the amount of patient flows
  11     are not huge, so theoretically the doctor should be able
  12     to feed the data in.
  13   Q. It would be the doctor who would feed it in?
  14   A. The doctor would feed in the data after each individual
  15     procedure. The British Cardiovascular Intervention
  16     Society is demanding more information about each patient
  17     and it is becoming a more and more daunting prospect at
  18     the end of a procedure to fill all the data in, but it
  19     is possible and very much easier now than when this
  20     paper was written.
  21   Q. Why?
  22   A. I think people are gradually realising that audit is
  23     a fundamental requirement of medical practice. When
  24     this paper was written, it was perhaps seen as less
  25     fundamental. Now we have 58 centres in the country
0042
   1     doing angioplasty, and I think the returns are very much
   2     tighter and harder than they were in these days.
   3   Q. At the moment there is something called the Central
   4     Cardiac Audit Database which has been highlighted?
   5   A. Yes.
   6   Q. If we go to BCS 2/19, please, the left-hand side -- just
   7     blow that left-hand side up, please -- the Central
   8     Cardiac Audit Database was being piloted in six
   9     centres. The pilot phase was due to complete this very
  10     month in 1999. Are you able to help with what has
  11     happened to that?
  12   A. It has been delayed by about six months. One of the six
  13     centres was having a bit of a problem with its software
  14     and had to delay its data input, so the three-year
  15     project has been extended by another six months.
  16     Essentially, the idea, when it was piloted three years
  17     ago, was to see if it was possible to collect data on
  18     all cardiac activity in a unit, centralise it with total
  19     security, encrypted security, for the use of
  20     establishing norms, standards and outcomes.
  21   Q. Is it possible to do so?
  22   A. Well, I think it is possible, but it will require
  23     a large amount of money and personnel. There is a huge
  24     amount of data already collected from the six centres.
  25     I am not really an expert in the actual data collection,
0043
   1     but the hope was that the CCAD would roll out to all
   2     cardiac units in the country. We are waiting to hear
   3     from the Department of Health whether a grant is going
   4     to be available to allow that to happen. It will be
   5     a very expensive undertaking, because at least two
   6     personnel are probably required for each unit, just to
   7     feed in all the data. We are talking about angioplasty,
   8     pacing, catheters, all cardiac surgery, anaesthetic
   9     problems, and all congenital and paediatric cardiac
  10     disease.
  11        It is a huge amount of data, but it is possible,
  12     if the money is available to fund the personnel, yes.
  13   Q. We touched at the beginning on the fact that the British
  14     Cardiac Society involves both cardiologists and cardiac
  15     surgeons, although surgeons have their own organisation
  16     as well.
  17        In some of the publications in the British Heart
  18     Journal, the topic of learning curves and developments
  19     of new techniques is touched upon. Can I show you
  20     BCS 3/17, please? This is a paper from 1984, volume 52
  21     of the British Heart Journal, by Dr Shinebourne, who was
  22     then and I think is now a cardiologist at the Brompton
  23     Hospital in London?
  24   A. Correct.
  25   Q. And a paediatric cardiologist at that?
0044
   1   A. Correct.
   2   Q. I do not want to get into the details of this article,
   3     but it touches on the question of consent and new
   4     operations. If we go to page 19, please, I should say
   5     that we have seen from page 17 that this was published
   6     as an editorial, so this would have been an article
   7     commissioned by the then editor of the British Heart
   8     Journal?
   9   A. Yes. It would have been an invited article, yes.
  10   Q. We see at the foot of 599, the left-hand column,
  11     Dr Shinebourne said this:
  12        "It is salutary to compare the extensive debate of
  13     the ethics of implanting an artificial heart in an adult
  14     with the lack of debate of the ethical issues involved
  15     in introducing the arterial switch procedure in children
  16     with transposition of the great arteries, since use of
  17     the arterial switch operation in children presents
  18     a similar ethical dilemma. Intra-atrial repair of
  19     complete transposition of the great arteries by either
  20     the Mustard or Senning techniques has been widely used
  21     for more than ten years."
  22        This was 1984.
  23        "By the mid-1970s, hospital mortality for
  24     correction of simple transposition of the great arteries
  25     by the Mustard technique was reported as being less than
0045
   1     10 per cent in several large series, even when the
   2     operation was performed in the first year of life.
   3     Similar results were reported for the Senning's
   4     procedure. In contrast, when a ventricular septal
   5     defect was additionally present, mortality for
   6     intra-atrial repair, plus closure of the ventricular
   7     septal defect, was higher, between 25 and 30 per cent."
   8        Then he explains the development of the switch
   9     operation.
  10        Picking it up in the middle of the right-hand
  11     column:
  12        "An editorial in the British Medical Journal at
  13     the time, while praising the surgical expertise shown in
  14     the arterial switch, commented on neither the ethical
  15     implications of the procedure nor the selection of
  16     patients. In many cardiac surgical units, this
  17     operation was then tried and small groups of patients,
  18     both with and without ventricular septal defect, with
  19     considerable mortality. At the same time, the concept
  20     of correction of simple transposition of the great
  21     arteries in two stages was introduced. In the first
  22     stage, the pulmonary artery is banded to repair the left
  23     ventricle to sustain the systemic circulation before
  24     anatomical repair in the second stage. New surgical
  25     procedures must be developed and used, as they are
0046
   1     believed to offer a greater benefit to the patient than
   2     previous techniques. In the individual child, however,
   3     the decision of which procedure to follow is difficult,
   4     as even in the best hands, the hospital mortality for
   5     arterial switch operations is still higher than for an
   6     inter-atrial repair."
   7        So in 1984 a new technique had been developed
   8     which was showing a higher mortality than the existing
   9     technique, the Mustard or the Sennings.
  10        Then, picking it up at the foot of the page,
  11     Dr Shinebourne said this:
  12        "The prospect of improved long-term survival
  13     (through the arterial switch) will possibly correct
  14     remains hypothetical, as even a successful initial
  15     outcome from anatomical repair does not preclude late
  16     complications, some of which have been reported. The
  17     ethical justification for having introduced the
  18     two-stage procedure for simple transposition of the
  19     great arteries in 1977 remains debatable, as does that
  20     for a recent study of patients operated on between
  21     December 1980 and July 1982, in which the cumulative
  22     mortality was 52 per cent in the 25 patients in whom
  23     successive parts of the two-stage procedure, pulmonary
  24     artery banding followed by arterial switch, had been
  25     attempted. As the surgical unit concerned includes
0047
   1     experienced surgeons, mortality from inter-atrial repair
   2     alone would reasonably have been expected to be less.
   3        "The last two sentences of the related abstract
   4     are quoted below, in which the authors concluded, 'that
   5     both stages of the procedure have high mortality and
   6     morbidity, especially when banding is performed on very
   7     cyanotic infants or older patients. Thus, we abandoned
   8     this way to prepare the left ventricle. Since July 1982
   9     a new protocol with neonatal banding and early switch is
  10     in process, with encouraging results.' It might be
  11     asked whether a hospital ethics committee or an
  12     institutional review board would have agreed to this new
  13     procedure ..."
  14        Then the next paragraph, four lines down:
  15        "Much of the development of cardiac surgery has
  16     been associated with a high early mortality, which was
  17     rightly or wrongly accepted when there was no
  18     alternative. Now, when there are alternatives, one must
  19     question the extent to which new operations should be so
  20     freely attempted. To take the specific instance of
  21     surgery for complete transposition of the great
  22     arteries, on a ratio of risk to benefit, it could be
  23     argued that, at least until the technical problems had
  24     been solved, only patients with transposition and a
  25     ventricular septal defect should have been considered
0048
   1     for the switch procedure."
   2        The conclusion was this:
   3        "Patients in modern cardiac units could now be
   4     argued to be more at risk from therapeutic research,
   5     such as innovative surgery, than they are from
   6     non-therapeutic research. To protect both the patient
   7     and the pioneering surgeon, I suggest that new
   8     operations should be subject to the same ethical review
   9     as other research procedures. Would this encroach on
  10     clinical freedom?"
  11        There is a quote from the British Medical Journal
  12     and we see the quote.
  13        That is in 1984 discussing a particular operation,
  14     the move to arterial switch. Does the British Cardiac
  15     Society have a view as to whether or not the suggestion
  16     that is made by Dr Shinebourne (that new operations
  17     should be subject to the same ethical review as other
  18     research procedures) should or should not be the
  19     position today?
  20   A. The British Cardiac Society has not discussed this
  21     particular issue, i.e. new operations. Generally
  22     speaking, being largely a "medical" society of
  23     cardiologists --
  24   Q. But there are surgeons?
  25   A. There are surgeons who have meetings, in the British
0049
   1     Cardiac Society meeting, and obviously will discuss new
   2     operations. The fact is, as it says, new operations
   3     always have a higher mortality initially. Why is a new
   4     operation necessary? The operation I am referring to,
   5     the Mustard and Senning procedure, does have problems in
   6     later life, so it is not a perfect operation. If it was
   7     a perfect operation, they would not need any other form
   8     of surgery. But clearly, there needs to be some
   9     discussion as a group of surgeons as to a possible new
  10     operation -- there are no animal models to, as it were,
  11     test the operation out -- and then it needs to be put in
  12     front of an ethical committee, as Dr Shinebourne
  13     suggests.
  14   Q. There is obviously a difference between the development
  15     of the new technique where previously there was no
  16     technique at all, where the surgeon or the cardiologist
  17     would say, "Until the development of this technique,
  18     there was nothing we could do, but now we can try this",
  19     on the one hand, and on the other hand, the development
  20     of a new technique where there is an existing technique,
  21     where it is thought that the new technique might provide
  22     better and longer life, but at least initially with
  23     a higher mortality.
  24        At the moment, as I understand it, there is no
  25     formal structure in which debate would take place as to
0050
   1     when and in what respects the new technique would be
   2     developed in that second example; is that right?
   3   A. Well, not quite right. Every hospital has its ethical
   4     committee with lay members on the board, and certainly,
   5     if you were planning, for instance, to try a new drug or
   6     a drug trial on the medical side, you would submit the
   7     protocol to the ethical committee.
   8   Q. So the surgeon who wanted to do a new operation would
   9     submit the proposal to the committee?
  10   A. That would be appropriate, yes.
  11   MR MACLEAN: Dr Swanton, thank you very much. Does the
  12     Panel have any questions for Dr Swanton?
  13   MRS MACLEAN: Yes.
  14             Examined by THE PANEL:
  15   MRS MACLEAN: Dr Swanton, I am not sure whether you may be
  16     able to help me with this point or not, but I am
  17     interested in the low representation of cardiologists in
  18     the South West area, in the surveys that we have
  19     discussed this morning.
  20        I wonder if you have any views on or any ideas
  21     where we could investigate why there should be such
  22     a low proportion of cardiologists in the South West?
  23   A. It is certainly nothing to do with a terrible place to
  24     live, it is a most wonderful place to live, so it has
  25     nothing to do with the environment.
0051
   1        I think part of the problem was the shortage of
   2     large hospitals in this part of the country. I mean,
   3     I do not know the area terribly well, but as it stands
   4     at the moment, in Cornwall there is one large unit in
   5     Truro and then, coming more in this direction, we have
   6     Plymouth. There are just those two units. Until
   7     recently, Plymouth did not have cardiac surgery and this
   8     city was the only centre for cardiac surgery in the
   9     whole of the South West of the country.
  10        The population is certainly big enough to justify
  11     it, but for some reason the development did not occur.
  12     Whether that was a local issue amongst the physicians,
  13     I just do not know, but it is still a problem, as I said
  14     earlier, in other parts of the country at the moment.
  15     There are big geographical holes in cardiac service
  16     provision in the country. I do not want you to feel
  17     that the South West is alone by any means. There are
  18     huge black holes still.
  19   MRS MACLEAN: Thank you very much.
  20   MRS HOWARD: Dr Swanton, just two questions. Given the
  21     comments that have been made this morning about lack of
  22     resource in respect of cardiologists, do you have any
  23     view on the development or the philosophy of peripheral
  24     clinics, particularly in respect of specialists from
  25     a tertiary centre feeding district hospitals?
0052
   1   A. You mean specialists going out from tertiary centres
   2     to -- no, indeed we support that, and in fact it is
   3     happening. We send a surgeon out to one of our
   4     referring centres every month, to do a sort of joint
   5     clinic, and it is very much appreciated by both units.
   6     It ensures very good communication and patients like to
   7     see their surgeons after the operation, and it works
   8     very well. It is time-consuming. It takes essentially
   9     a whole day out of the surgeon's or cardiologist's week
  10     by the time you have got down there and back again, but
  11     it is very valuable.
  12        I think in time, it will become less important as
  13     more of the DGHs have established two cardiologists
  14     per hospital. A lot of these cardiologists are single
  15     cardiologists in a hospital managing a whole unit on
  16     their own with no support. They are the people who need
  17     the outreach support from London or the big cities.
  18   Q. The point round the tracheoesophageal echocardiograph:
  19     is that a technique used for infants or other children?
  20   A. Yes. Obviously there are different sized probes, but it
  21     can be done for all age groups as an outpatient
  22     procedure under minimal sedation. In children it can be
  23     done under general anaesthetic, and it can be done in
  24     theatres during surgery. It has a widespread
  25     application for all age groups.
0053
   1   Q. Was that the situation from the beginning of the
   2     introduction of that procedure, or is that something
   3     that has happened more recently?
   4   A. You mean the infants and children? I do not know.
   5     I think you have to ask Dr Godman. I think the adult
   6     came on first, following from the endoscope, and then I
   7     think they miniaturised them, but you would have to ask
   8     Dr Godman that.
   9   MRS HOWARD: Thank you very much.
  10   PROFESSOR JARMAN: Three questions. The first is
  11     a double-barrelled one. In one of the earlier papers we
  12     had, BCS 1/51, of the papers you gave us, it mentions
  13     that the number of Senior Registrars and
  14     lecturers -- Specialist Registrars now, I suppose --
  15     would be inadequate to provide a full period of training
  16     from most who advanced to consultant status, and the
  17     situation will worsen from 1995 onwards.
  18   A. That is the paediatric report.
  19   Q. Yes, the 7th survey of Staffing in Cardiology in the
  20     United Kingdom in 1991. This was in relation to your
  21     comment that earlier on that gastroenterologists would
  22     manage people that came in.
  23        The question is, do you think there is still
  24     a problem?
  25        Secondly, people coming into casualty now with
0054
   1     cardiac problems, say acute chest pain: would they be
   2     likely to get a cardiologist?
   3   A. Increasingly so. The problem is getting less as the
   4     number of cardiologists in the country increases, and
   5     more and more papers appear which show that outcome data
   6     show that your prognosis is better if you are looked
   7     after by a cardiologist rather than a gastroenterologist
   8     if you come in with a heart attack. It is pretty
   9     self-evident, but it has to be proven.
  10   Q. So you think the situation is improving?
  11   A. It is improving, and more and more of these patients are
  12     being looked after by cardiologists, yes.
  13   Q. We had a reference earlier on in one of the papers you
  14     sent us, BCS 3/9, about this CUSUM technique, for people
  15     to work out their position in terms of how they are
  16     doing.
  17   A. Yes, the paper that Mark De Laval had written. I do not
  18     know enough about the statistics of the actual
  19     technique, but it gives you a way of determining case by
  20     case whether you are actually exceeding the standards,
  21     going over the line, as it were.
  22   Q. Are people beginning to adopt that?
  23   A. I think so.  I think Mark is a unique man. I went to
  24     his presentation five years ago. It was absolutely
  25     stunning. He is a very unusual man, and surgeon and a
0055
   1     statistician at the same time. But it is becoming more
   2     of an accepted technique, yes.
   3   Q. The third question is, I just wonder whether any of the
   4     aorta problems at the Bristol Royal Infirmary which we
   5     are dealing with came up at all at the British Cardiac
   6     Society, or whether there are any publications?
   7   A. No, not a thing.
   8   Q. Do you think it might have been something you would have
   9     discussed, or not?
  10   A. If it had been discussed, it certainly was not discussed
  11     in the open forum. I do not think I have any
  12     recollection of even a whisper of it being discussed in
  13     open forum at any meeting of the British Cardiac
  14     Society, no.
  15   Q. Do you think it might have been something that could
  16     have been discussed, or not?
  17   A. Yes, it is something which might have been brought up in
  18     one of the surgical forums, certainly.
  19   PROFESSOR JARMAN: Thank you very much.
  20   THE CHAIRMAN: I have no questions.
  21   MR MACLEAN: In that case, thank you very much, Dr Swanton.
  22     I wonder, Chairman, if that might be a convenient time
  23     to have a short break.
  24   THE CHAIRMAN: Yes. First, may I echo on behalf of the
  25     Panel our thanks to you. We are very grateful to you
0056
   1     for having come to talk to us. Yes, we will reconvene
   2     at 11.15, thank you.
   3   (11.00 am)
   4               (A short break)
   5   (11.15 am)
   6   MR LANGSTAFF: Sir, our next witness is Dr Michael Godman,
   7     who is the President of the British Paediatric Cardiac
   8     Association.
   9        Dr Godman, you know that our procedures are that
  10     we stand for the oath.
  11            DR MICHAEL GODMAN (Sworn):
  12            Examined by MR LANGSTAFF:
  13   Q. Dr Godman, you are Michael James Godman?
  14   A. That is so.
  15   Q. Your professional address, please?
  16   A. The Royal Hospital for Sick Children, Edinburgh, and the
  17     Royal Infirmary, Edinburgh.
  18   Q. You are currently President of the British Paediatric
  19     Cardiac Association?
  20   A. I am.
  21   Q. You have been that since 1997?
  22   A. That is so.
  23   Q. If we can have on the screen, please, witness 47/1, this
  24     is the start, I think, of a formal statement which you
  25     have made on behalf of the BPCA to this Inquiry, and if
0057
   1     we can have on the screen, please, the bottom of 47/13,
   2     you sign it on behalf of the association at the end?
   3   A. Yes.
   4   Q. We are going to take your statement as read, but what
   5     I want to do is to ask you a number of issues that arise
   6     from it and explore one or two that you raise in it.
   7        You are quite happy, I think, in the statement
   8     generally to set out the stall of the BPCA on a number
   9     of issues?
  10   A. Yes, we are.
  11   Q. And you end with a plea for a greater role for the BPCA
  12     in the future, in terms of a regulatory function?
  13   A. Yes. Perhaps with others rather than in isolation,
  14     because as you appreciate, we are a small organisation,
  15     representing not just paediatric cardiologists but also
  16     paediatric cardiac surgeons, nurses and technical staff.
  17   Q. You make the point, throughout, I think, your statement,
  18     that the BPCA is a multi-disciplinary body, so you have,
  19     amongst your membership, cardiologists, paediatric
  20     cardiac surgeons, and paediatric nurses?
  21   A. That is so, as well as technical staff and pathologists
  22     and others that work in fields related to paediatric
  23     cardiology.
  24   Q. It was the others I was going to ask you about.
  25     Anaesthetists?
0058
   1   A. Yes. It will not be comprehensive and we would not
   2     claim that all those involved in paediatric cardiac
   3     anaesthesia are members of the BPCA, but we encourage
   4     them to be and we believe increasingly they are being
   5     associated with the work of the Association.
   6   Q. And intensivists?
   7   A. I put them very much in the same category.
   8   Q. By "technicians", do you include perfusionists?
   9   A. Yes, and the physiological measurement technicians who
  10     help with the cardiocatheter procedures,
  11     echocardiographers.
  12   Q. You tell us that the Association came into being in
  13     1991. Was there any forerunner to it?
  14   A. Yes, there was, but it was a fairly informal association
  15     of those who worked primarily, although not always
  16     exclusively, in paediatric cardiology. From the
  17     mid-1970s a group of those who worked regularly in
  18     paediatric cardiology met on a regular basis and
  19     encouraged all those others, for example, those within
  20     the compass of the present BPCA, to attend an annual
  21     meeting where problems relating to medical paediatric
  22     cardiology and paediatric cardiac surgery would be
  23     discussed.
  24   Q. The reason I assume that must be the case is if one
  25     looks at BPCA 1/1, if we can have that on the screen,
0059
   1     you refer in your statement to the Joint Working Party
   2     as being one of the first tasks that the BPCA had to
   3     undertake?
   4   A. Yes.
   5   Q. Yet we see that in the top left-hand corner, under
   6     "introduction", a little bit further down, the Working
   7     Party was actually set up in 1988?
   8   A. Yes.
   9   Q. So plainly it was set up with the blessing or the
  10     contribution of the forerunners of your present
  11     Association?
  12   A. Yes. We would like at least to suggest, at the
  13     initiative and impetus of those who were involved in
  14     that forerunner organisation.
  15   Q. What was the main impetus in changing what had been
  16     a loose association of those interested in the area to
  17     the rather more formal Association that you now
  18     represent?
  19   A. I think we were increasingly aware, throughout the
  20     1980s, that we were a small body, a small number of
  21     specialists; that in terms of making our professional
  22     voice heard, particularly in terms of the pattern of
  23     interdisciplinary working which we thought was the
  24     foundation or should be the foundation of modern
  25     paediatric cardiac surgical practice, that could only be
0060
   1     achieved through probably two avenues: one formerly
   2     constituting ourselves and then allying or affiliating
   3     ourselves to a much larger organisation, ie the British
   4     Cardiac Society, where at least there might be strength
   5     in numbers. As a small group, we were inevitably always
   6     going to be disadvantaged because of our numbers.
   7   Q. So you were more than an interest group?
   8   A. Very much more, yes.
   9   Q. You draw particular reference in your statement to the
  10     Constitution of the Association, which we see at 47/14,
  11     please. I want to focus on article 2, "Purpose". You
  12     say that the philosophy of the Constitution anticipated
  13     many of the changes which are now almost taken as
  14     commonplace?
  15   A. Yes.
  16   Q. So can I just explore that with you for a moment? You
  17     are recognising that there have obviously been
  18     significant changes in the treatment of paediatric heart
  19     problems from 1991 to date?
  20   A. Yes, indeed.
  21   Q. And you are, I think, claiming in making that comment
  22     that your association in 1991 anticipated what is now
  23     commonplace and what, therefore, by implication was not
  24     then?
  25   A. That is true.
0061
   1   Q. What is it about the purpose -- because I think that is
   2     where the philosophy is expressed, is it not, in the
   3     purpose of the Constitution?
   4   A. Yes.
   5   Q. If we just look at section 1, what is it about the
   6     purpose that was new or was --
   7   A. I do not have anything on my screen. I am at
   8     a disadvantage compared with others.
   9   THE CHAIRMAN: That is my fault and I apologise.
  10   MR LANGSTAFF: Let me explain why that is. We have gone to
  11     considerable lengths when parents have been giving
  12     evidence to make sure nothing emerges on the public
  13     domain on the screen which is not checked for
  14     confidentiality. The system is in place. It does not
  15     apply in the same way to evidence of people who
  16     represent Associations such as yourself.
  17        You now see what I am looking at?
  18   A. Yes.
  19   Q. Thank you for telling me it was not there. The
  20     purposes, then, of the organisation, what is it about
  21     those purposes that was new or a breath of fresh air in
  22     1991 that had not been happening?
  23   A. If I focus perhaps on the rather bland last line,
  24     "promote communication and co-operation between these
  25     workers"; "these workers" are those involved in the
0062
   1     study and care of children, so we are talking about
   2     a large group of people, some of whom have been
   3     identified, the intensivists, anaesthetists, surgeons,
   4     physicians and the technology staff. In the 70s and
   5     80s, these would have come from a variety of different
   6     backgrounds and in many centres, certainly, their
   7     principal work would not be concerned with paediatric
   8     cardiology or paediatric cardiac surgery; there might
   9     for example be an anaesthetist whose majority sessions
  10     were in anaesthesia, adult surgery. That might involve
  11     intensive care units.
  12        It is now accepted that the United Kingdom was
  13     under-resourced in terms of paediatric care in the
  14     1980s. That was not a problem not recognised by the
  15     profession, it was very clearly recognised by the
  16     profession, not least by groups like paediatric
  17     cardiologists. We compared and performed poorly with
  18     the patterns that were being identified and the
  19     resources being provided for paediatric intensive care
  20     in North America and in Australia, and indeed it was not
  21     until the early 1990s that paediatric intensive care,
  22     that it was identified as requiring very substantial
  23     additional national resources.
  24        So it was against that kind of background that we
  25     thought all professionals involved in the care of
0063
   1     children with heart disorders needed to collaborate in
   2     a professional organisation with a professional forum,
   3     to represent the patients and to represent the
   4     professional viewpoint.
   5   Q. So what you are anticipating, really, was the greater
   6     degree of collaboration between the various disciplines
   7     that the 1990s has seen?
   8   A. Yes. We believe that is what our philosophy was founded
   9     on, and would like to believe that we were anticipating
  10     a number of these changes.
  11   Q. You therefore believed it was necessary to have an
  12     organisation to create collaboration?
  13   A. Yes.
  14   Q. And that in turn suggests that there had been an absence
  15     of such collaboration until the movement grew perhaps in
  16     the late 1980s?
  17   A. Inadequate collaboration, yes.
  18   Q. You make the point against that background that your
  19     Association would wish to see the outcome of surgery or,
  20     if I can call it, a hospital episode -- you understand
  21     the bland phraseology -- as a result of teamwork?
  22   A. Yes.
  23   Q. Beyond, in fact, as I understand what you say, the team
  24     itself, if we just have a look at the way you put it, it
  25     is 47/8. It is in italics:
0064
   1        "The Association believes strongly that the
   2     analysis of surgical outcomes needs to be assessed on
   3     the basis of organisational performance and
   4     identification of system failures rather than focus only
   5     on the surgeon as a determinant of outcome."
   6        There, beyond what you have just said to me, the
   7     team approach, which I think is inherent in your
   8     Association, you are mentioning organisational
   9     performance and system failures.
  10        Are you saying here that the result of surgery
  11     does not depend simply on the surgeon's knife? I am
  12     putting it colloquially.
  13   A. Yes.
  14   Q. It goes beyond the surgeon, him or herself, to
  15     presumably the team before and after, and the context in
  16     which they are placed?
  17   A. Very much so.
  18   Q. Who do you see as being part of that chain, that team?
  19   A. At the local level, that chain, I think very much has
  20     been the hospital or the Trust; its executive management
  21     team; its board in terms of establishing standards of
  22     care, monitoring the standards of care, the quality of
  23     care, implicit in that the quality of outcomes, and all
  24     the away down to individual departments, individual
  25     divisions within the hospital, within cardiac surgery,
0065
   1     cardiology, anaesthesia, intensive care. But they have
   2     all to be working to a commonly accepted and completely
   3     well-recognised system that has been established by the
   4     Hospital Board and the Hospital Trust in terms of
   5     quality.
   6   Q. So you are putting the responsibility for quality on the
   7     Hospital Trust and the Board?
   8   A. The final responsibility, yes, but implicit in that, if
   9     it is well done, obviously, is that feeds all the way
  10     through and down to the nurse in the Intensive Care
  11     Unit, the middle grade junior doctor in the
  12     cardiac-cath' laboratory and the technician or
  13     radiographer in the x-ray laboratory.
  14   Q. Putting flesh on that for a layman to understand, what
  15     you are saying in effect is, is it, that if the child is
  16     not identified early enough suffering from, let us
  17     suppose, congenital heart disease, that may then
  18     prejudice the ultimate outcome of any surgery that is
  19     later attempted?
  20   A. We could take that as an example, or if you want to, as
  21     a more practical example, one might say that the Trust,
  22     the executive management team, have the responsibility
  23     of resourcing adequately at every level what is required
  24     to produce an optimal outcome. Again, in practical
  25     terms that might be a simple piece of equipment. It may
0066
   1     mean monitoring carefully that that equipment is
   2     repaired, upgraded, timeously. It may mean that
   3     a particular member of staff, if he or she retires, is
   4     replaced at the appropriate time. All of that will feed
   5     into the quality of care and outcome.
   6   Q. If one was looking, for instance, just following that
   7     last example, at intensive care, we have heard evidence
   8     already that in the Bristol Royal Infirmary there may
   9     have been a limited number, if indeed there was more
  10     than one, of bear cub ventilators. Is that the sort of
  11     provision of equipment that you have in mind?
  12   A. That could well be.
  13   Q. So it is management set against the financial background
  14     producing the ultimate outcome through the chain that
  15     you have described?
  16   A. Yes. Some might say, set within the financial
  17     background rather than necessarily against it.
  18   Q. Can I, with that background, just ask you about what you
  19     say in a number of places about the question of whether
  20     heart surgery on children should be centralised,
  21     restricted to a number of larger centres, or more
  22     dispersed.
  23        What you say is at 47/10. It is under point 6,
  24     the bottom of the page:
  25        "The Association believes that very careful
0067
   1     consideration would be required before reverting to the
   2     philosophy of designated large supra-regional centres.
   3     There is no doubt that certain minimal requirements
   4     should be fulfilled in terms of human and other
   5     resources before any centre is accredited."
   6        You ask, if we just go back, I think, to one of
   7     the BCS documents, can we have BCS 1/76, please.
   8        This is 1993. It is the British Cardiac Society
   9     evidence to the Cardiac Specialty Review. We looked at
  10     it this morning with Dr Swanton. Here, in paragraph 6,
  11     the bottom of the page, the Working Party was looking at
  12     paediatric cardiac surgery.
  13         "Most grateful for the assistance of Dr Hunt and
  14     the BPCA. Their recommendations were supported by the
  15     Working Group and the plenary meetings."
  16        If we can turn over, you are looking for --
  17     admittedly in relation to London -- "centres providing
  18     an adequate level of clinical activity, unnecessary
  19     duplication of services ... and [in the London context]
  20     rationalisation."
  21        The "adequate level of clinical activity" is
  22     something I think you emphasise in your present
  23     evidence, so, returning from that for a moment, I take
  24     it that the Association still supports those points?
  25   A. Which ones, because we have looked at two separate
0068
   1     documents.
   2   Q. The ones made in 1/76 and 1/77.
   3   A. Yes. I may qualify them later, as we develop this
   4     theme.
   5   Q. May we go back to your evidence at 47/10, please?
   6        You go on, in that evidence, to say:
   7        "No doubt certain minimal requirements should be
   8     fulfilled in terms of human and other resources before
   9     any centre is accredited. These would to a considerable
  10     degree determine the critical mass required to provide
  11     specialised services for paediatric cardiac surgery."
  12        Is what you are saying that you cannot do the job
  13     properly if you are too small?
  14   A. Yes, that is so. That, I think, would be accepted as
  15     a given, particularly in 1999.
  16   Q. Does it then imply that the bigger the better?
  17   A. It might appear so. That is part of our difficulty.
  18     That is why we chose the sentence "Very careful
  19     consideration would be required before reverting to the
  20     philosophy of designated large supra-regional centres."
  21   Q. You obviously have a membership drawn not only from
  22     larger centres but smaller centres. Is this determined
  23     "sitting on the fence", if I may call it that. Is that
  24     in any sense a reflection of the width of your
  25     membership?
0069
   1   A. Absolutely not. Perhaps I could now qualify it just
   2     a little. North of the border, in Scotland, through
   3     1997/98, an exercise has been taking place on which the
   4     Scottish Office has been reviewing with all
   5     professionals in Scotland whether there should be one
   6     centre for children's cardiac surgery or two in
   7     Scotland. We know a similar debate has gone on around
   8     many of the regions in England and Wales.
   9        One of the things that was brought home most
  10     forcefully and what has been a detailed exercise in
  11     Scotland over a 15/18 months period, is the lack of
  12     evidence to support the perhaps inherent belief that
  13     larger is going to be better and the health economists
  14     in particular have taken us quite properly to task for
  15     the starting assumption that one centre would
  16     necessarily be better than two, because in fact the
  17     evidence is fairly thin. There is some evidence from
  18     the Cardiothoracic Surgical Register in the 1980s, for
  19     example, that the results for infant and neonatal
  20     cardiac surgery, with the perhaps exception of one
  21     centre in the UK, were clearly better in the larger
  22     centres. So there was one piece of evidence that
  23     supported the concept that big was better.
  24        Then you start to look for the other evidence, as
  25     opposed to belief that bigger is likely to be better.
0070
   1     One study from the United States in 1992 suggests that
   2     once you achieve more than 300 children's open heart
   3     surgical procedures per year, your results are
   4     strikingly better. But some good results are obtained
   5     from some centres performing between 1 and 200
   6     operations a year. A criticism of that study is that we
   7     do not know what the case mix for all these centres
   8     was. Was there a possibility that some of the centres
   9     are achieving apparently very good results, equal to the
  10     larger centres, but only doing 1 to 200 operations
  11     a year? Were they sending out their more difficult
  12     cases? Was their case mix not representative?
  13        With the exception of those two studies, that is
  14     the one I have quoted from the United States and the
  15     evidence from the Cardiothoracic Surgical Register of
  16     infant and neonatal outcomes, in fact we are struggling
  17     to find hard evidence as opposed to belief that bigger
  18     is going to be better, when we base it purely on the
  19     number of cases operated per year. We believe that
  20     there will be other compelling reasons why small units
  21     will fall by the wayside.
  22   Q. Leave aside what will happen. Just looking at the
  23     question of is bigger better, what you are saying is,
  24     that is the intuitive feeling?
  25   A. Yes.
0071
   1   Q. There is some but limited evidence to that effect?
   2   A. That is so.
   3   Q. Of the evidence, that tends to relate to neonatal
   4     cardiac surgery in the 1980s, the source of that being
   5     the cardiothoracic register. There is some evidence
   6     from America, and others, nothing.
   7   A. Very little.
   8   Q. Just looking at that question of intuitive belief, you
   9     were emphasising in your evidence a few minutes ago the
  10     development that there had been in paediatric intensive
  11     care during the 1990s. Is it now accepted that
  12     paediatric intensive care is a specialty?
  13   A. Yes, it is.
  14   Q. In its own right?
  15   A. Yes, it is.
  16   Q. And that to mix adult and paediatric cases in one
  17     Intensive Care Unit is inadvisable?
  18   A. That is so.
  19   Q. And undesirable?
  20   A. Yes.
  21   Q. Is there any evidence for that?
  22   A. I do not know. I would be going beyond the limits of my
  23     competence to state that was clearly so.
  24   Q. In so far as arguing a case for it, you would rely on
  25     the intuitive, would you?
0072
   1   A. Not entirely, but perhaps substantially, because in fact
   2     the practice where paediatric and adult Intensive Care
   3     Units were mixed was commonly that a paediatric patient,
   4     particularly if resources were stretched or limited,
   5     might well be looked after, or the care shared, with,
   6     for example, a nurse whose primary expertise was not
   7     paediatric.
   8        So, to that extent, you may say intuitive, or
   9     entirely practical, a pragmatic observation, but the
  10     care is likely to be of a higher quality when given by
  11     a nurse trained in paediatric intensive care procedures.
  12   Q. One of the consequences of size, presumably, is the
  13     likelihood that a larger centre will have a paediatric
  14     Intensive Care Unit, so-called, a proper unit as opposed
  15     to a mix of adult and paediatric cases in the same
  16     unit?
  17        You are nodding. It all goes on the Internet at
  18     the end of the day, and people can see you agree with
  19     that?
  20   A. I agree with you.
  21   Q. Can we come back to the question of what critical mass
  22     you have seen in your evidence is needed to provide
  23     specialised services for paediatric cardiac surgery?
  24   A. We believe that it is not likely to provide it in
  25     a centre that was doing less than 250 to 300 surgical
0073
   1     procedures per year, but I think you will sense that
   2     that I have some reservations in blandly stating that
   3     figure. I have earlier stated that evidence is not
   4     particularly strong to reinforce that belief.
   5   Q. Can I just press you a little on the figure of 250 to
   6     300? Is that a mix of open and closed heart procedures?
   7   A. That would be a mix of open and closed, and I think we
   8     might attempt to justify that position, or we have
   9     attempted to justify that position professionally in
  10     Scotland, where it is likely that one centre would be
  11     doing about 280 to 300 cases per year, in other words,
  12     not quite reaching the 300 mark, because that would make
  13     best use of all the multi-professional resources that
  14     are required to deliver the quality of care necessary to
  15     produce good outcomes for paediatric cardiac surgery.
  16        We believe that we can identify some of the
  17     factors responsible, but we are aware that throughout
  18     the 1980s, and throughout the 1990s, there has, over all
  19     the UK as in other countries, been a continuing fall in
  20     the mortality from paediatric cardiac surgery, and we
  21     believe that broadly speaking, it is the result of
  22     better delivery of the multi-professional resource or
  23     the multi-professional team around the paediatric
  24     cardiac surgical patient.
  25   Q. I do not want to confuse in my question the optimum,
0074
   1     given the present standards, and the improvement in
   2     standards which has plainly taken place across the
   3     board, whether units are large or small. I would like
   4     to focus on whether bigger is better, whatever the
   5     changes overall in standards may be.
   6        Implicit in that question to you, I want your
   7     comment on it, is whether the change in standards has
   8     been uniform across the smaller and the larger centres,
   9     whichever, so that the benefits or disadvantages of size
  10     remain the same across the time 1985/95?
  11   A. The benefits have been achieved and are measurable
  12     I think in all units, small and large, in the sense that
  13     in all mortality has fallen. How one then interprets
  14     the statistics which show that perhaps small centre A
  15     has a mortality of 7 per cent compared with big
  16     centre B that has a mortality of 6 per cent, and say,
  17     "Well, we are in the same ball-park as a big centre",
  18     is much more difficult, because we have inadequate
  19     information on the case-mix and the risk stratification
  20     within individual centres.
  21        So we may not be comparing -- in fact, we know for
  22     sure that we cannot adequately at present even compare
  23     like with like.
  24   Q. I would like to trace through with you, if I may, the
  25     thinking on the "big is better" issue, so far as one
0075
   1     can, through various reports. If you would have on the
   2     screen, please, BPCA 1/2 -- we had better go back to the
   3     previous page, which is 1/1, confusingly, just to see
   4     what we are looking at, it is a report which you
   5     recognise. This is the Working Party report?
   6   A. Yes, indeed so.
   7   Q. Of which you were a member?
   8   A. Yes.
   9   Q. We can see that, if we scroll down the left-hand side,
  10     your name appears as the fourth name down.
  11        If we can go back to page 4, having identified the
  12     report, underneath the capitals on the left-hand column,
  13     can we enlarge the first passage there, thank you,
  14     including the heading, please? You refer to an
  15     unpublished report. I will come to that in a moment,
  16     because you have been kind enough to supply us with
  17     a copy. You refer back to 1979, and note that that
  18     report, in summary, "was concerned because there were
  19     too many small units that lacked the facilities
  20     essential for ... children with congenital heart
  21     disease."
  22        Pausing there, that was presumably an intuitive
  23     view?
  24   A. Yes.
  25   Q. Because there was no evidence at that stage to back it
0076
   1     up.
   2        "It emphasised that all staff should have
   3     paediatric training and particular expertise in handling
   4     the new-born. Improvements in ancillary services
   5     including specialist physiotherapy, social work and
   6     parental accommodation were identified and recommended.
   7     Other improvements in invasive and non-invasive
   8     investigational services and provision of dedicated
   9     surgical theatres were identified and recommended."
  10        Dedicated surgical theatres: dedicated to the
  11     paediatric case?
  12   A. Yes.
  13   Q. Digressing just for a moment while we are on the point,
  14     is there then an advantage, as you see it, in having an
  15     operating theatre which deals with nothing else other
  16     than the paediatric case?
  17   A. No. That does not have to be particularly the case,
  18     provided that the theatre has the resources in terms of
  19     appropriate ventilators, appropriate staffing, that is,
  20     theatre staff familiar with handling children, obviously
  21     in this context particularly children with cardiac
  22     surgical problems, rather than saying, "Look, that
  23     theatre can only be exclusively used for paediatric
  24     cardiac surgery and nothing else". In most modern
  25     theatre complexes, a sufficient flexibility to enable
0077
   1     a variety of disciplines often to use the one resource.
   2   Q. Then the report says this:
   3        "This Working Party strongly advised that
   4     paediatric cardiology was better practised in a large
   5     children's hospital, or in a children's department of
   6     sufficient size in a General Hospital with the
   7     corresponding regional cardiac unit adjacent to the
   8     children's unit.
   9        "Most of the centres in England and Wales
  10     fulfilled one or other of these criteria."
  11        You then go on to talk about the recommendation in
  12     respect of London and that there should be four large
  13     centres outside it to provide services for Bristol and
  14     Cardiff, Liverpool and Manchester, Leeds, Sheffield and
  15     Birmingham."
  16        So that is what was anticipated in the 1979
  17     report?
  18   A. Not anticipated, it was recommended.
  19   Q. You say this:
  20        "Much of the philosophical content of the British
  21     Paediatric Association report is still important and
  22     appropriate."
  23   A. Yes.
  24   Q. Would that comment remain true not only in 1992, when
  25     this report was produced, but today?
0078
   1   A. Yes. I believe so.
   2   Q. So throughout the period with which this Inquiry is
   3     concerned, there has been a strong conviction that
   4     paediatric cardiology is better practised in a large
   5     Children's Hospital than a small one?
   6   A. Yes.
   7   Q. You go on, in your survey of previous reports, to look
   8     at the second and third report, the bottom of the page.
   9     If we can go to the top of the right-hand column, can we
  10     enlarge the first half page of that column?
  11        Your report was looking back at the second report:
  12        "The report argued strongly for specialisation in
  13     paediatric cardiac surgery with its increasing emphasis
  14     on correction in infancy. The skills needed should be
  15     concentrated in a few centres and supported by a central
  16     fund."
  17        Just stopping there, one of the features
  18     throughout the 1980s and 1990s has been, has it, the
  19     increasing number of operations performed on the very
  20     young?
  21   A. That is so.
  22   Q. If one thinks of one very obvious example, the arterial
  23     switch operation appears to be best performed on those
  24     under three months of age. Again, you are nodding?
  25   A. Yes, that is so.
0079
   1   Q. That would be an example of a development which tends to
   2     call for earlier correction later?
   3   A. Yes.
   4   Q. Is it the view of the Association, as it was, it
   5     appears, the view of the Joint Cardiology Committee of
   6     the physicians and surgeons in 1980, that really one
   7     cannot simply transfer adult skills in cardiac surgery
   8     into dealing with the very small and the very young?
   9   A. Very much so.
  10   Q. It goes on, about the 1980 report's recommendations:
  11        "The 1980 report recommended that the needs of
  12     older paediatric cardiac surgical patients should be met
  13     within the same unit. Each unit was to have two
  14     consultant cardiothoracic surgeons and two or three
  15     consultant paediatric cardiologists."
  16        So at this stage it was recognised that the
  17     cardiothoracic surgeon would do both adult and
  18     paediatric work?
  19   A. Yes. That was certainly the acceptable philosophy in
  20     the early 1980s.
  21   Q. What was recognised as the optimum in the early 1980s?
  22   A. I think it was recognised that some of the very best
  23     results throughout the world had been obtained from
  24     individuals who had devoted themselves entirely
  25     surgically to the management of congenital heart
0080
   1     disease. By "congenital heart disease", I do not mean
   2     confined only to the infant and paediatric group, but to
   3     later adolescents and adult life. But, nonetheless,
   4     there were certainly outstanding surgeons performing
   5     across the whole range of cardiac surgery who were
   6     producing excellent work in valve surgery, coronary
   7     artery surgery, as well as in congenital heart disease.
   8   Q. The report goes on, again looking at the 1980 report:
   9        "Recognition as a supra-regional centre was to be
  10     based not just on workload and geographical location,
  11     but also on the quality of the work done."
  12   A. Yes. That was the recommendation.
  13   Q. So that recommendation implied a view, obviously,
  14     authoritatively put forward in 1980, that there would
  15     need to be some system of reviewing the quality of work,
  16     as well as the quantity of work?
  17   A. Yes.
  18   Q. Going back, if one can, to the early 1980s, how in the
  19     early 1980s in this area of work was it proposed that
  20     that should be done?
  21   A. I think in truth, that was somewhat ducked.
  22     Recommendations, and I think this will come through in
  23     a number of areas and a number of reports,
  24     recommendations were made, but without perhaps always
  25     a clear understanding on the part of those who were
0081
   1     making the recommendations on how they could be
   2     implemented or not.
   3        I think recurrently throughout the 1980s, a number
   4     of bodies reported, made specific recommendations, but
   5     these were not followed through and there was
   6     insufficient recognition of how in fact they could be
   7     acted upon.
   8        I have to qualify that also by saying that in
   9     a number of areas, and for example, I will return to
  10     paediatric intensive care, very strong recommendations
  11     were made, and a very strong push was made at a number
  12     of levels, both locally, regionally and nationally, but
  13     the voice was not sufficiently heard or taken on board.
  14   Q. So although the recommendation was made, as we know, in
  15     1980, so far as quality of work was concerned, I think
  16     the upshot of your evidence is that in practice it did
  17     not feature particularly as a factor in recognition or
  18     for that matter continued recognition of the centre as
  19     a supra-regional centre?
  20   A. I think there was an implicit belief on the part of many
  21     that those units performing good quality or high quality
  22     work would be recognised and would be known.
  23   Q. Did the converse apply: because they were doing the
  24     work, they were therefore high quality?
  25   A. No, that did not apply. As you know, there was no
0082
   1     mechanism, really, for assessing whether or not high
   2     quality work was being done, except from time to time
   3     professionally by word of mouth, but it was accepted
   4     that surgeon X was producing results for surgical
   5     procedure, perhaps across the whole range of surgical
   6     procedure for congenital heart disease. That word of
   7     mouth might be a little stronger in terms of
   8     professional presentations, professional meetings and
   9     publications. The unit would establish a reputation for
  10     good quality work.
  11   Q. If I can go on in the reading of what was said in 1992,
  12     looking back to the 1980 report:
  13        "To date [a reference to 1992, again, you are
  14     agreeing, to get it on the transcript, as it were]?
  15   A. I agree.
  16   Q. "To date no real audit of surgical results is available
  17     and surgical needs are still based purely on the number
  18     of patients undergoing operation."
  19   A. Yes.
  20   Q. So that is really a reflection of what you have been
  21     saying: although it was recognised there needed to be
  22     some quality control or assurance or however one puts
  23     it, in practice, so far as supra-regional designation
  24     was concerned, or continued supra-regional designation
  25     was concerned, there was none?
0083
   1   A. That was my understanding. I am from north of the
   2     border, I was not intimately involved in the working of
   3     the supra-regional funding, but my understanding based
   4     on discussions with others who were is that essentially
   5     it was about numbers and not about outcomes.
   6   Q. If we look at what is said about the third report, the
   7     next paragraph, scroll down the page, can we enlarge the
   8     beginning of the third report?
   9        "The third report in 1985 perpetuated the
  10     separation of surgical care for patients under one year
  11     of age and patients over one year of age."
  12        That is a reference to the division in
  13     supra-regional services between the younger and older
  14     ones.
  15         "The report referred to the recently endorsed and
  16     established nine supra-regional centres", so the six had
  17     grown to nine?
  18   A. Yes.
  19   Q. "The report suggests there should be no more than nine
  20     centres. In choosing this figure, the authors of the
  21     report obviously followed the Black Committee
  22     recommendations, which were partly based on a desire to
  23     improve standards, but were also designed to limit the
  24     spread of specialty and cut costs."
  25        You spoke about talking to economists in Scotland
0084
   1     about the proposed development of one centre rather than
   2     more than one?
   3   A. Yes.
   4   Q. What are the health/economic considerations that apply
   5     in Scotland as to whether big is better?
   6   A. I think almost neutral, if -- I am quoting a little bit
   7     from memory, because I had not anticipated that
   8     question, but I think in terms of the argument for one
   9     rather than two, costs would not impact significantly on
  10     the debate, currently.
  11   Q. Can we go down to the next part of this paragraph? If
  12     we scroll down, please:
  13        "Supra-regional centres were said to require
  14     a minimum of two surgeons to maintain 24 hour year round
  15     cover and between two and four paediatric
  16     cardiologists. The reality of paediatric cardiological
  17     practice at the moment is a little different from the
  18     conclusions in the third report. The number of
  19     consultant paediatric cardiologists has indeed increased
  20     in the supra-regional centres [we saw that from
  21     Dr Swanton's evidence] but few supra-regional centres
  22     have two full-time paediatric cardiac surgeons."
  23        The way that is expressed conveys, to someone like
  24     me, perhaps a note of regret?
  25   A. Yes, I think that is so. I think there had been
0085
   1     optimism from earlier reports, by the time this report
   2     was written, that most of the larger centres at least
   3     would have two individuals committed almost entirely, if
   4     not quite entirely, to the practice of paediatric
   5     cardiac surgery.
   6   Q. What is the purpose of having two specialist paediatric
   7     cardiac surgeons?
   8   A. Obviously the purpose of having two is to provide, as
   9     far as is practical and feasible, 24-hour cover,
  10     365 days of the year. From time to time, there will be
  11     emergency procedures which will require the surgeons, or
  12     two surgeons, to have almost equal skills.
  13        In many centres in the 1980s there might well have
  14     been, for example, a lead paediatric cardiac surgeon and
  15     another cardiac surgeon supporting or backing up.
  16     Whilst he or she might well have been able to do almost
  17     the whole range of procedures, it is perhaps not to the
  18     same level of competence as the lead individual.
  19        So the concept here was to have two individuals of
  20     approximately the same standard and level of competence.
  21   Q. And full-time? The importance of that?
  22   A. Full-time, recognising the belief (rather than the
  23     evidence) that if committed to doing only paediatric
  24     cardiac surgery procedures, competence would be improved
  25     and would be greater.
0086
   1   Q. So one comes back to the same issue, as it were, of size
   2     or numbers of operations?
   3   A. Yes.
   4   Q. May I ask, since 1979, when that belief appears to have
   5     informed the unpublished report by Gray and others, up
   6     until now, has that belief changed at all?
   7   A. I think, and you may well find this in the course of the
   8     Inquiry, many will give different viewpoints. I am sure
   9     there will be cardiac surgeons who argue that competence
  10     in fact is improved by doing the whole range of cardiac
  11     surgical work, paediatric and adult, so that any
  12     unforeseen circumstance can be coped with competently.
  13        I think there has been an increasing perception
  14     that the work will be better done by those who are
  15     committed entirely to paediatric cardiac surgery, but
  16     there are going to be different viewpoints on this.
  17     Obviously I am not disguising that, because I am sure it
  18     is not capable of being disguised.
  19   Q. I think you are saying that, if anything, the view has
  20     increased in acceptance?
  21   A. Yes; particularly, obviously, those who are primarily
  22     involved in the care of children with congenital heart
  23     disease, and there has been a decline in number of
  24     individuals who are practising, for example,
  25     substantially in adult cardiac surgery and with only
0087
   1     a lesser part of their work committed to paediatric
   2     cardiac surgery.
   3   Q. If it has increased in acceptance -- and there is no
   4     empirical evidence for it -- presumably you would have
   5     to say it is based on people's perceptions of their
   6     experience?
   7   A. Yes.
   8   Q. In general, that would be the perceptions of the cardiac
   9     surgeons themselves and those most intimately connected
  10     with surgery and its outcome?
  11   A. Yes.
  12   Q. If we can look for a moment, then, at the numbers, so
  13     far as we have them, of operations that were apparently
  14     conducted in different centres in the 1980s, I would
  15     invite your comments against the background of what you
  16     have said. Give me one moment, if you please. May
  17     I please have UBHT 278/487?
  18        We are looking at a report on paediatric cardiac
  19     services, the supra-regional services, which was drawn
  20     from the cardiothoracic register. May I say at once,
  21     and in particular for the wider audience that may be
  22     looking at these remarks on screen, that this Inquiry is
  23     investigating to verify numbers and to derive what
  24     numbers it can from the original data as best it can,
  25     and it is accepted that some of the figures may have
0088
   1     certain question marks over them.
   2        Looking at the figures as indicative
   3     representations (at any rate) of what may have been the
   4     case, if we look at the numbers there for the various
   5     centres, Newcastle, Leeds and so on, one can see the
   6     nine supra-regional centres that there were in England
   7     and Wales.
   8        Bristol, in the open heart operation numbers, is
   9     considerably less than any other of the supra-regional
  10     centres over those three years, and for that matter, is
  11     small in the number of closed heart operations -- again,
  12     it has to be emphasised, on the under-1s.
  13   A. Yes.
  14   Q. Would it have been difficult, with those numbers, to
  15     produce, in Bristol, for the under-1s, as good a set of
  16     results, probably, as it would have been in one of the
  17     other centres, given surgical teams of equal skill and
  18     competence?
  19   A. My belief is that it would have been, particularly in
  20     the 1980s. You said "surgical teams"? We are not
  21     talking just of the surgeon but of the team and all the
  22     other professionals. I believe it would be unlikely
  23     that they could have produced as good results as larger
  24     centres.
  25        But you have, yourself, indicated that some of
0089
   1     these numbers and figures are not accurate. I think it
   2     is probably beyond my competence to point out today that
   3     it was at least one centre there whose figures I think
   4     are grossly inaccurate.
   5   Q. That is why I was at pains to emphasise that the figures
   6     are being checked. The purpose of the question is
   7     really -- it is an indicative question. It cannot be
   8     based and is not based, upon these figures as being the
   9     last word in numbers?
  10   A. No, and you accept that mine is a personal opinion on
  11     that, and I qualify it also by saying that we know from
  12     more recent audits in the UK that some small centres,
  13     allowing for the fact that we understand their case mix
  14     properly, have achieved results that are comparable to
  15     larger centres, including in the infant and neonatal age
  16     group. Again, you know, I underline or re-emphasise my
  17     earlier point, and the difficulty in trying to interpret
  18     many of these figures, even currently, let alone from
  19     the 1980s.
  20   Q. What I think I can ask you, and it follows from what you
  21     have been saying, is that although individual centres
  22     may be able to produce results as good as elsewhere, let
  23     us accept that, that there are inevitably difficulties
  24     with small numbers in producing as good a result?
  25   A. Yes. I believe that to be so.
0090
   1   Q. And that is one of the reasons why supra-regional
   2     centres, as you understand it, were designated in the
   3     first place?
   4   A. Very much so. It was one of the philosophies that
   5     underpinned the development.
   6   Q. I think you are saying to us it was recognised and
   7     progressively recognised, throughout the 1980s and
   8     certainly the 1990s, that part of the reason for that is
   9     that one needed to have specialist teams who were
  10     specialist, because of the operations which they did,
  11     and could only be specialist if they had that number of
  12     operations to do in the first place?
  13   A. Yes, and indeed, as you know, and referred to earlier,
  14     the cardiothoracic surgeon's register did indicate that
  15     outcomes for neonatal cardiac surgery, even though we
  16     have reservations about some of the numbers, were better
  17     in those centres doing larger numbers.
  18   Q. In terms of going back from looking at those figures to
  19     what you yourself say in 47/10 -- let us go back to that
  20     for a moment, the bottom of the passage, please. It is
  21     the identification of the critical mass that you have in
  22     mind?
  23   A. Yes.
  24   Q. This is a threshold requirement or observation, I think
  25     you are making?
0091
   1   A. Yes.
   2   Q. It has to be so big before it is going to be reasonable,
   3     and the optimum is nonetheless the over 300 --
   4   A. Probably.
   5   Q. -- that the American research has suggested, but query
   6     the case mix on that?
   7   A. Yes.
   8   Q. What sort of level is the critical mass?
   9   A. It is certainly unlikely that in 1999 a centre could
  10     perform, say, less than 200 or 250 cases, and we say
  11     that not just in terms of the critical mass of numbers,
  12     but the resource that is going to be required, because
  13     proportionately that resource is much greater in terms
  14     of personnel for 100 cases than it is for 250 cases:
  15     providing for example round-the-clock intensive care
  16     cover, 24 hours a day at junior level, will require
  17     almost the same number of staff for 50 cases a year as
  18     it will for 200 cases per year.
  19   Q. Again, just so there can be no misunderstanding about
  20     it, that is open and closed operations?
  21   A. That is open and closed operations, yes.
  22   Q. And it is open and closed operations in children?
  23   A. Open and closed operations in children, but the surgeons
  24     performing those operations may also have work in
  25     congenital heart disease in older adolescent and adult,
0092
   1     and although this is spelt out, I think that is
   2     a philosophy that many would support and encourage very
   3     strongly.
   4   Q. If we go overleaf to the top of page 11, you make the
   5     point -- I will read you into it. You say on the
   6     previous page:
   7        "Regardless of the size of the centre, success
   8     nonetheless should be judged not on the numbers of cases
   9     operated but on the outcomes."
  10        That, I think, is perhaps self-evident?
  11   A. Yes.
  12   Q. "The need, therefore, is to have a strong professionally
  13     regulated review system in place for the assessment of
  14     any centre undertaking paediatric cardiac surgery."
  15        You comment on what is going to happen in fact in
  16     the future. I am not going to ask you about that,
  17     because we can see that for ourselves. It is what
  18     follows next I want to ask you about.
  19        "There is general acceptance that for the
  20     post-operative care of children with paediatric cardiac
  21     surgery, there is a need to have experienced trained
  22     middle grade intensive care staff on site 24 hours
  23     a day, as well as members of the surgical team."
  24        "Middle grade" means what sort of grade?
  25   A. That, in this context, would usually mean an individual
0093
   1     in their late 20s, early 30s, who had done general
   2     professional training in paediatrics or anaesthesia, and
   3     was spending a selected portion of his further training,
   4     his higher professional training, within anaesthesia or
   5     paediatrics, specifically in intensive care. Of course,
   6     as you referred to earlier, paediatric intensive care is
   7     now recognised as a separate specialty, and there are
   8     separate training programmes in paediatric intensive
   9     care.
  10        So when we speak about an experienced, trained,
  11     middle grade intensive care member of staff, it would be
  12     somebody who would have certainly broad experience in
  13     anaesthesia/paediatric anaesthesia, or paediatrics, but
  14     had not completed all formal training in paediatric
  15     intensive care.
  16   Q. You are looking at someone on the doctor's side of
  17     things?
  18   A. In this particular context I was looking at some on the
  19     medical side, yes.
  20   Q. You say there is general acceptance of that. General
  21     acceptance by whom?
  22   A. I think now by the profession. I think now virtually
  23     every major centre in the UK doing paediatric cardiac
  24     surgery will have at least one, more usually two or
  25     three, consultant paediatric intensivists, and with
0094
   1     a junior staff training programme.
   2        Where they do not have that, there is acceptance
   3     that they need to have it and they are rapidly trying to
   4     put it in place.
   5   Q. And finally, just to finish this point, you deal in the
   6     very last sentence that we see on the screen with the
   7     difficulties the smaller centres have in providing the
   8     quality of round-the-clock care and smaller centres,
   9     that again fits with your 200, 250 threshold?
  10   A. Yes.
  11   Q. Let me turn away from the question of size to the issue
  12     of standards.
  13        You tell us, 47/5, the top of the page in
  14     italics:
  15        "There is at present a vacuum in relation to the
  16     enforcement of standards. The Royal College are
  17     primarily concerned with training and neither the
  18     Department of Health nor purchasers/commissioners for
  19     services have set clearly defined standards by which
  20     centres can be judged."
  21   A. Yes.
  22   Q. So the vacuum is between becoming qualified, is it, in
  23     terms of the medical staff, and the actual practice of
  24     their medicine in-post?
  25   A. I think we were trying to indicate there, in that
0095
   1     statement in italics, that there is no mechanism for
   2     making sure that in any one centre proper outcomes,
   3     proper quality of care in cardiac surgery, is being
   4     delivered.
   5        I think the thrust of your question to me just
   6     now, unless I have misunderstood it, perhaps related
   7     more to training, and saying that colleges are concerned
   8     with training, are concerned through continued medical
   9     education in maintaining standards, educational
  10     standards, but here I think we were talking of trying to
  11     refer more broadly to the standards set in the
  12     accreditation, the recognition of quality of outcomes in
  13     centres doing paediatric cardiac surgery.
  14   Q. I think we are at one. It must be my inability to put
  15     the question clearly. I was suggesting there was indeed
  16     a difference between educational standards on the one
  17     hand and performance standards on the other. If you
  18     like, "outcomes" is a surrogate for "performance
  19     standards"?
  20   A. Yes.
  21   Q. So how would one, as the BPCA put it -- enforcing
  22     training standards is easy enough, you pass your exam or
  23     assessment or you do not, but performance standards, how
  24     do you go about that?
  25   A. North of the border, since the early 1980s, through the
0096
   1     National Services Division, cardiac surgery has been
   2     contracted on a national basis in the Children's
   3     Hospital in Edinburgh and Glasgow. Progressively, and
   4     in an evolutionary way, the National Services Division
   5     have attempted to set down certain standards in terms of
   6     nurse staffing, intensive care staffing, 24 hour
   7     availability of staff. They have attempted to define
   8     how rigorously audit is performed, and, for example, in
   9     the unit in Edinburgh, there has to be, or should be --
  10     I cannot claim it has always been consistently
  11     achieved -- but there should be, in terms of performance
  12     standards, an audit held once a month and the results of
  13     that audit submitted as part of an annual report to the
  14     Scottish Office via the National Services Division.
  15        That has progressively become tight and tighter in
  16     terms of performance or standards setting. It is not
  17     yet a perfect model, but I think it is a model that
  18     could be developed and extended.
  19   Q. So putting a practicality to that description, what
  20     happens if, let us say, it shows Glasgow's results are
  21     half as good as Edinburgh. What happens to Glasgow?
  22   A. The reality is, at present, nothing. That, of course,
  23     is not so, I would emphasise in the context of this
  24     Inquiry.
  25   Q. It is a purely hypothetical question, I have to say.
0097
   1   A. It is a very pertinent question, because I have said
   2     that performance standards, performance setting, has
   3     been evolving, but I think has not evolved far enough.
   4     The nub of it is, when is somebody going to grasp that
   5     issue, that is, you put in place a set of standards, but
   6     if they are not achieved, who is going to say to the
   7     centre, "Look, your performance is not adequate, what
   8     steps are going to be taken? When can we return to see
   9     that the steps you have set in place have been
  10     successful in improving performance?"
  11   Q. What do you suggest?
  12   A. I think, as you know in our final conclusion we
  13     suggested a role, perhaps too ambitious a role, for the
  14     British Paediatric Association, but I think we could
  15     help very substantially, since we are an
  16     interdisciplinary group, a professional body, and
  17     I think through the aegis, perhaps of a larger body like
  18     the British Cardiac Society, then we could set in place
  19     a series of teams who would regularly inspect, perhaps
  20     at two, three or four yearly intervals, centres to make
  21     sure standards were being achieved, and obviously to
  22     define those standards. Whether that report is sent to
  23     the Cardiac Society or a body like the General Medical
  24     Council or the Department itself, I think is very much
  25     still an area for debate. But that there is a vacuum
0098
   1     there and that as far as, to my knowledge, there is no
   2     other group coming in with a recommendation to fill that
   3     vacuum, then I think the BPCA's proposals at least merit
   4     inspection and further consideration.
   5   Q. In examining the problem, and again taking the purely
   6     hypothetical case I have given you, the first step will
   7     be in identifying the practical level of the eventual
   8     outcome, but the second will be identifying some
   9     shortcomings in standards which might have and probably
  10     did contribute to the difference in outcome?
  11   A. Yes.
  12   Q. Because without it, any remedial measures would be
  13     senseless, would they not?
  14   A. That is so. It is perhaps a model in the Mid-west
  15     America Cardiac Surgical Register in Minnesota. Again,
  16     I would not pretend to understand or know the complete
  17     workings of their register, but basically, as I do
  18     understand it, where an individual centre or individual
  19     surgeon's performance falls out with a defined mean,
  20     then that triggers an action centrally by the auditing
  21     body and they, in conjunction with the centre, may send
  22     in senior individuals to look at performance.
  23        I think we could use that in the UK context; that
  24     is, if a centre was clearly performing outwith defined
  25     standards, then that would be a trigger for a team of
0099
   1     senior experienced individuals, nursing, medical,
   2     surgical or whatever other professional advice would be
   3     required, to go in fairly quickly to analyse the
   4     situation jointly with the centre.
   5        One has to recognise that of course even in highly
   6     experienced hands, many surgical procedures will be
   7     associated from time to time with a clustering of poor
   8     results. We are not dealing with very large numbers in
   9     paediatric cardiac surgery. Even a very large centre
  10     will be doing no more than 500 to 600 procedures per
  11     year, compared perhaps with 2,000 or 3,000 coronary
  12     artery bypass surgical procedures. There will be
  13     a clustering effect in the results from time to time and
  14     even an excellent surgeon may have a run of apparently
  15     poor results, but at least if there was a mechanism for
  16     identifying that fairly quickly to the individual
  17     surgeon, so that at least those results could be
  18     discussed with colleagues, to see if there is any
  19     organisation or systems failure operating that might
  20     have contributed to those poor results, then I think
  21     there will be improved confidence in the results as
  22     presented perhaps annually by that particular individual
  23     surgeon or individual centre.
  24   Q. Does this investigation necessarily imply that there has
  25     to be some idea of not only standards of outcome, but
0100
   1     standards of system?
   2   A. Yes. It does.
   3   Q. So it requires the fairly careful setting in a number of
   4     different disciplines, a number of different areas, of
   5     optimum standards?
   6   A. Yes. That is why I think we suggest that perhaps each
   7     centre, each accredited or recognised centre for
   8     paediatric cardiac surgery, would be inspected every
   9     three, four, five years, to make sure all its systems
  10     were in place and operating appropriately.
  11   Q. Those standards would have to be based upon
  12     a supposition, at any rate, that adherence to the
  13     standard would be more likely to secure a proper result
  14     or good outcome than falling below the standard?
  15   A. Yes.
  16   Q. Which itself, that supposition ought to be based on
  17     empirical evidence, ought it not?
  18   A. Yes, it should be.
  19   Q. And there is not any?
  20   A. That is the difficulty.
  21   THE CHAIRMAN: Mr Langstaff, may I just interrupt for
  22     a moment? We would normally be taking a break at
  23     12.30. Are you intending to go on for very much longer
  24     than perhaps a quarter of an hour or 10 minutes?
  25   MR LANGSTAFF: I was thinking about that on my feet, before
0101
   1     you asked the question. I think perhaps it would be
   2     sensible to take a break now, and prevail upon
   3     Dr Godman, if he would not mind, to come back after that
   4     break.
   5   THE CHAIRMAN: Shall we say 20 minutes, then, and then we
   6     can go on, and also the take the third witness
   7     thereafter, or maybe we should discuss whether we should
   8     take a further break. Perhaps we should discuss it
   9     outside. Thank you. We will break for 20 minutes.
  10   (12.35 pm)
  11               (A short break).
  12   (1.00 pm)
  13   MR LANGSTAFF: Can I take you, Dr Godman, to page 3 of your
  14     witness statement? At the bottom of the page, the last
  15     sentence, perhaps because the typist has missed
  16     something in translation, has caused a certain amount of
  17     controversy amongst the Royal Colleges, as you know,
  18     because you have read their comments on your evidence.
  19     The Royal College of Surgeons, Anaesthetists,
  20     Radiologists and the Royal College of Paediatricians and
  21     Child Health, all comment they did not devolve
  22     responsibility for continuing medical education in
  23     paediatric cardiology to the BPCA.
  24        I think there may well be a misunderstanding as to
  25     what you had intended to convey?
0102
   1   A. Obviously, there are typographical errors as well as
   2     perhaps errors in drafting, for which one accepts
   3     responsibility. What one intended to convey was
   4     approval for continued medical education in paediatric
   5     cardiology is devolved to the Council of the British
   6     Paediatric Cardiac Association and to a specific
   7     individual. That responsibility has been recognised and
   8     accepted by the Royal Colleges of Physicians, whom the
   9     BPCA in terms of continued medical training relates.
  10     The reference was specifically to paediatric cardiology,
  11     not to areas such as radiology, surgery or anaesthesia.
  12   Q. Can I turn for a moment to the question of training and
  13     how that interrelates with standards.
  14        You, for your part, I think acknowledge that
  15     training can only go so far in first qualification, and
  16     there is a need for continuing medical education?
  17   A. Yes.
  18   Q. One of the aspects of training or continuing medical
  19     education is in the evolution of new techniques of
  20     surgery. You deal with -- let us look at it -- the
  21     question of the "learning curve" as it has been called.
  22     It is the very bottom of page 9 and the very top of
  23     page 10 of your witness statement. Perhaps we could
  24     have that on the screen and have the split screen,
  25     perhaps. That is the bottom of page 9. Can we put that
0103
   1     on the left, and 10, please. It is rather small
   2     writing, but I hope you can see what is on the left
   3     there. You are picking up here the theme we were
   4     discussing before the break of how the standards might
   5     be enforced. You say:
   6        "A similar approach [the monitors approach]" in
   7     effect, I suppose, a system of peer review ...
   8   A. Yes, it is.
   9   Q. "Could be adopted to monitor outcomes from new
  10     techniques".
  11        Is there, as the BPCA sees it, an impact here upon
  12     clinical freedom?
  13   A. I think I need to be a little careful in answering that
  14     question, because it is currently being debated within
  15     the Association. We are looking very actively at the
  16     whole process of how we monitor, assess, audit, for
  17     example what is done with many of the new interventional
  18     procedures in paediatric cardiology, that is, procedures
  19     which may replace cardiac surgery, the use of catheter
  20     balloons to stretch valves, the use of devices to
  21     occlude holes within the heart without the need for
  22     cardiac surgery. Devices are inserted through a small
  23     incision in the groin and introduced via catheter
  24     techniques.
  25        I know there is an anxiety on the part of some
0104
   1     members that, when our discussions and report is
   2     produced, there may be a recommendation that individual
   3     clinical freedom is curtailed, but I think there is also
   4     a recognition within the Association and particularly on
   5     the part of paediatric cardiologists and cardiac
   6     surgeons of the wider context in which this has to be
   7     looked at. I think it will be accepted that there has
   8     to be some curtailment of individual freedom to
   9     practice, if we are going to have both better outcomes
  10     and that we are going to satisfy the wider profession as
  11     well as parents and the public that we are auditing our
  12     work and assessing our work appropriately.
  13   Q. So in short in the wider public interest, you think that
  14     your Association will probably recommend that there be
  15     some limits placed on clinical freedom?
  16   A. Yes. We should use the word "probably" rather than
  17     "certainly" at this stage.
  18   Q. Because there is obviously a difference of view?
  19   A. Yes.
  20   Q. Am I right in thinking that those views which were most
  21     stridently in favour of clinical autonomy, clinical
  22     freedom, were diminishing in volume from 1980 onwards?
  23   A. Yes, I think progressively so.
  24   Q. Can I go back to the matter I was first asking you
  25     about, the question of size, the bigger is better, and
0105
   1     you will appreciate that in England and Wales the basis
   2     for the supra-regional services for the neonates and
   3     infants was the perception that bigger was better and
   4     services needed to be centralised, in the public
   5     interest.
   6        It appears that in 1993/94 the recognition was
   7     that so many other centres were performing paediatric
   8     cardiac surgery; that although it would still be optimum
   9     to have a few centres, supra-regional designation,
  10     special funding, could no longer be supported.
  11        Essentially, as I understand it, clinical freedom
  12     being preserved at the expense of the public benefit, is
  13     one way of putting it?
  14   A. Yes, but I think that is the wrong way of putting it,
  15     because I do not think that was the driving force behind
  16     the decision. As you know, in terms of the
  17     supra-regional centres, essentially all that was being
  18     counted was numbers, outcomes, quality of what was being
  19     delivered was not being assessed. Yes, the number of
  20     centres had grown and that was thought at the time by
  21     many to be undesirable, but in terms of any constraints
  22     on that growth, the profession was not in a position to
  23     limit that increase in the number of centres. It also,
  24     of course, coincided with the introduction of the
  25     purchaser/provider relationship and the internal market.
0106
   1   Q. This is where my question is leading. Having accepted,
   2     in at least the context in which my questions began
   3     after the break, that there may well need to be some
   4     limits placed on clinical freedom, would that extend, as
   5     the Association will probably, possibly, see it, to an
   6     acceptance that surgery of certain types is best
   7     restricted and should be restricted to a few centres, if
   8     that is felt to be in the public interest, and that
   9     therefore there should be no freedom to practice that
  10     surgery elsewhere?
  11   A. Yes. I think it could very well be, and I say that
  12     because in essence that has already been practised, for
  13     example in a lesion known as the hypoplastic left heart
  14     syndrome, where the left side of the heart is
  15     under-developed and survival is not possible without
  16     surgery. Those procedures have concentrated at present
  17     in only a few centres in the United Kingdom.
  18   Q. I have asked you about page 9. On page 10 it is
  19     recognised by your Association it is not acceptable to
  20     have learning curves for established procedures. You
  21     are drawing the contrast at the bottom of page 9 between
  22     monitoring outcomes for new techniques and having
  23     learning curves for established procedures?
  24   A. Yes.
  25   Q. When does a procedure become established?
0107
   1   A. Again, some difficulty in answering that question, but
   2     let us take, for the purposes of this Inquiry, something
   3     like the arterial switch procedure. It was clearly an
   4     established procedure throughout the world by 1990. It
   5     had been increasingly performed in most centres in the
   6     United Kingdom throughout the 1980s. So it was an
   7     established procedure.
   8        If one looks for an analogy in the 1990s, then
   9     perhaps the hypoplastic left heart syndrome is a good
  10     analogy. It is now an established procedure, not
  11     perhaps as widely applied in most centres as the
  12     arterial switch procedure was progressively throughout
  13     the 1980s, but that is because some lessons have been
  14     learned from the introduction of the arterial switch
  15     procedure.
  16        I am perhaps not answering your question directly
  17     in terms of giving you a definition of "established".
  18   Q. You are saying it all depends, are you not?
  19   A. I am indicating what practice might be, and I think
  20     I have attempted to give an example from the 1980s and
  21     an example from the 1990s.
  22   Q. The way, very often, a new procedure may burst on the
  23     world may be that some surgeon who has performed
  24     a procedure for the first time will publish it?
  25   A. Yes.
0108
   1   Q. And there may be conferences at which you present his
   2     result, the results of a series. Is there perhaps
   3     naturally a temptation, in the rest of the world, to
   4     wish to follow suit?
   5   A. Yes, there is. Of course, in the past that is how
   6     innovation has been progressively introduced.
   7     I listened earlier this morning to some of the evidence
   8     that was produced on the ethics of the arterial switch
   9     procedure in the early 1980s and late 1970s, and I think
  10     many of the arguments and points raised in that ethical
  11     debate obviously hold true for any new technique that is
  12     introduced.
  13        But I am afraid, I am no better at answering the
  14     questions raised by Elliott Shinebourne in relation to
  15     the arterial switch than others were in the 1980s.
  16     I think it needs to be debated and talked out
  17     professionally and in a wider setting.
  18   Q. Your evidence is if you were to do the new procedure,
  19     begging that question, then you do it by, as
  20     I understand it, shared responsibility or --
  21   A. At the very least, yes.
  22   Q. Or a form of hands-on apprenticeship?
  23   A. Yes.
  24   Q. So this would envisage not simply the cardiac surgeon
  25     experienced in other forms of surgery standing and
0109
   1     watching, or possibly being the first assistant at an
   2     operation, but doing the operation under the eye and
   3     tutorage of --
   4   A. -- mentored by the individual who has introduced it and
   5     has at least substantial if not unique experience with
   6     it.
   7   Q. How often, or how many such operations would one need to
   8     do? Again, does it all depend upon the nature of the
   9     operation?
  10   A. I think very much it would do, and I have to say,
  11     obviously, my surgical colleagues would be better placed
  12     perhaps to give illustrative examples.
  13   Q. One could take it from the province of cardiology in
  14     using a new technique, for instance using a catheter?
  15   A. Yes, one could give an example there. In the last two
  16     and a half/three years in the United Kingdom there has
  17     been the progressive introduction of a new device, an
  18     occlusion device to close a hole in the partition
  19     between the two upper chambers of the heart, the atrial
  20     septal defect. The practice there has been that
  21     a centre has to do a minimum of six procedures with an
  22     experienced investigator or clinician who has done the
  23     procedure and a substantial number of cases. He needs
  24     to be present for 6 procedures.
  25   Q. So my next question was going to be, did you know
0110
   1     anywhere where it had been done. Obviously you have
   2     just answered that, at least in respect of one
   3     technique.
   4   A. Yes.
   5   Q. But so far as surgery itself is concerned, as opposed to
   6     the cardiologist's province, do you know of anywhere
   7     that the hands-on apprenticeship, as I have termed it,
   8     has been successfully achieved?
   9   A. I know a number of centres where increasingly, for
  10     example, where there are two paediatric cardiac surgeons
  11     in the centre, they are working together, particularly
  12     on more complicated cases, so they are not working in
  13     isolation, you have two assisting each other with the
  14     procedure. If one is a relatively new appointment, his
  15     senior colleague may at least help him in a significant
  16     number of cases, for example, in his first six or nine
  17     months in a post.
  18   Q. When you are talking about the learning curve here, you
  19     are talking about somebody visiting from one centre to
  20     another centre?
  21   A. Yes.
  22   Q. That has funding implications?
  23   A. Yes, it does.
  24   Q. So the position of the BPCA would be that this is
  25     necessary in the protection of the patient, and
0111
   1     necessary to divert a surgeon from his operating list in
   2     Birmingham, so that he can go to -- again, purely
   3     hypothetical -- Newcastle?
   4   A. Or Edinburgh.
   5   Q. And work there for a week, two weeks, hands-on, before
   6     he comes back to Birmingham?
   7   A. No, in practice it would not be a week or two weeks. We
   8     are talking about individual procedures. We are talking
   9     about small numbers in congenital heart surgery, so if
  10     we were talking about a particularly complex lesion
  11     a visiting surgeon was asked to come to help with or
  12     introduce, that might be a series of visits, four, five
  13     or six in the course of a year, rather than coming and
  14     spending a week or two weeks. It is more probable it
  15     would be a visit for a day.
  16   Q. If it is to be a learning curve, that has to be done
  17     before the surgeon actually operates himself for the
  18     first time?
  19   A. Yes.
  20   Q. That would mean your four or five visits would have to
  21     be sufficiently narrowly spaced so that --
  22   A. Ideally, yes.
  23   Q. We have spoken about training, learning curves, and just
  24     before the short break that we had, I was asking you
  25     about the need to monitor outcomes before one could
0112
   1     essentially control performance, or continually regulate
   2     performance.
   3        You make a number of points in your statement,
   4     historically, about the way in which data has actually
   5     been gathered. You say this, on page 9, at the very
   6     beginning of the paragraph, the main paragraph on the
   7     page:
   8        "There is an obvious need to strengthen the
   9     quality of data submitted to any register on congenital
  10     heart surgery."
  11        You go on, I think, to deal with the model in
  12     Minnesota, but am I right in thinking that the model in
  13     Minnesota deals really with the analysis of data which
  14     has been submitted?
  15   A. Yes, but individual centres are obviously asked if the
  16     quality of analysis is going to be sufficiently good and
  17     rigorous that their data is submitted in a particular
  18     form.
  19   Q. To deal with the submission of data so far as you
  20     understand it to have been in this country, data was
  21     submitted to what, the Society of Cardiothoracic
  22     Surgeons?
  23   A. Yes.
  24   Q. From the 70s onwards?
  25   A. From '77/78, if my recollection is correct.
0113
   1   Q. What is your understanding as to the reliability of the
   2     data as submitted, not as analysed, but as submitted?
   3   A. I think there is anxiety about some of the data. We
   4     know that numbers are not necessarily accurate. We are
   5     not always certain as to how the data has been compiled;
   6     the level of seniority with which the data may have been
   7     inspected before it is submitted to the Cardiothoracic
   8     Surgical Register, but again, in terms of that specific
   9     question I think one or other of my surgical colleagues
  10     may be better to answer.
  11   Q. It is really your comment, page 5, which simply says
  12     this:
  13        "Lack of resource has severely limited the
  14     accurate collection and in particular validation of
  15     data."
  16   A. Yes.
  17   Q. What lack of resources do you identify as having been
  18     present in the 1980s and 90s?
  19   A. If we take the latter, the validation of data, the
  20     validation of data could really only be achieved by
  21     in-site inspection and that has not taken place. That
  22     is again within the wider frameworking issue we have
  23     identified within the wider framework of accreditation
  24     of centres and would be an important part of it.
  25   Q. So the data purely relies, as it were, upon trust of the
0114
   1     data given by the analyst to the collector?
   2   A. Absolutely.
   3   Q. So far as the lack of resource limiting the actual
   4     collection, what lack of resource are we talking about
   5     there?
   6   A. In some centres it may be limited secretarial support.
   7     That has improved, one would have to say, throughout the
   8     1980s and indeed in the 1990s many centres will have
   9     a specific Audit Secretary who will collect the data and
  10     get it in a form suitable for presentation to the
  11     register.
  12        So it is not all entirely black. Things have
  13     improved. But I think in terms of the type of data that
  14     is submitted, we have no idea, really, for the most
  15     part, of risk stratification for an individual patient,
  16     an individual baby who is operated on at three months
  17     with a hole in the heart may in fact be doing reasonably
  18     well, it may be a fairly elective operation, the baby
  19     may come in good condition to surgical procedure. In
  20     contrast, another baby who on paper appears to have an
  21     identical lesion may have appeared for operation already
  22     on a ventilator, supported massively with a number of
  23     drugs, and again, intuitive belief is that the outcome
  24     for the latter patient is unlikely to be as good as for
  25     the former patient.
0115
   1   Q. So the first issue is, whatever data was actually
   2     required or requested, whether that was an accurately
   3     collected?
   4   A. Yes, that is one issue.
   5   Q. That depends upon the secretary, her time, whether she
   6     goes to look at the surgeon's log or whatever the data
   7     source is?
   8   A. Yes, an individual committed to audit.
   9   Q. Or whether someone comes and tells him or her what the
  10     figures are and if so, what the motivation is for that
  11     person?
  12   A. Yes.
  13   Q. That is the collection process.
  14   A. Yes.
  15   Q. Secondly, you are saying whatever data is collected,
  16     there was not enough detail in it to make any sensible
  17     analysis further down the road?
  18   A. Or to make an adequate analysis further down the road.
  19   Q. Because of the need to identify, as you put it, the risk
  20     stratification and therefore to see whether particular
  21     results were comparable, given that it is a small
  22     series?
  23   A. Exactly.
  24   Q. Thirdly, no validation, we have established that.
  25     Fourthly, the question about the resources devoted to
0116
   1     the analysis of the data at the collection point.
   2        Going back to the first, the secretary who goes
   3     and gets the data or has it given to him or her,
   4     I imagine that anecdotally, within the field of the
   5     Society, the general Society of Cardiologists, there
   6     must be observations about how accurate that has been
   7     done from time to time?
   8   A. Yes.
   9   Q. What is the anecdotal view?
  10   A. The anecdotal view is that from time to time it has been
  11     done poorly or inadequately.
  12   Q. Your suggestions from the BPCA would involve, of
  13     necessity, again the commitment of resources to a proper
  14     and adequate system, a detailed system, of data
  15     collection?
  16   A. Yes.
  17   Q. Which would have to be policed?
  18   A. Yes, and funded.
  19   Q. Finally, can I turn to the issue of informed consent,
  20     which you deal with at 47/11.
  21        You begin by saying:
  22        "It is now widely recognised and accepted that
  23     patients and families need to be given more information
  24     before coming to a decision ..."
  25        By whom is it more widely recognised and accepted?
0117
   1   A. I think in this context, I was specifically thinking, or
   2     we were specifically thinking of the medical profession
   3     itself, but I think it is also recognised, obviously,
   4     that parents, patients, families, also wish to have more
   5     information.
   6   Q. The next sentence:
   7        "For cardiac surgery, this information should
   8     include unit or individual surgeon's experience with
   9     a particular operation, including the risks/morbidity
  10     and not just the mortality."
  11   A. Yes.
  12   Q. We have just been looking at the learning curve. You
  13     are suggesting, are you, that if there is a patient
  14     about to undergo what is for them dramatically serious
  15     surgery, or a parent whose child is about to undergo
  16     dramatically serious surgery on the heart, as they see
  17     it that the surgeon should say, "Well, I have never
  18     actually done one of these operations before, so
  19     I cannot tell you what the risks in my hands are, but it
  20     is a risky procedure and generally speaking 25 per cent
  21     of patients will die."
  22        Is that the sort of thing which should be said?
  23   A. It may need to be said, or explained in a context from
  24     time to time. One of the difficulties is whether that
  25     risk is expressed descriptively or numerically. There
0118
   1     has recently been a study from the United States looking
   2     at cardiac surgical consent and looking at how patients
   3     wish information to be given to them. The majority of
   4     patients wish the risk to be expressed to them in
   5     descriptive terms rather than in numerical terms, but
   6     when they were asked to define what "probable" and
   7     "possible" meant, there was enormous variation in terms
   8     of understanding and acceptance of what "possible"
   9     meant. "Possible" risk might vary something from 3 or
  10     4 per cent to 80 per cent, and similar variations with
  11     the term "probable".
  12        The difficulties are enormous in terms of what we
  13     mean by "informed consent". I have earlier indicated
  14     I am not an ethicist, and some here will clearly
  15     recognise the difficulties of this ongoing debate of
  16     what we mean by "informed consent".
  17        Certainly, we accept that it has to be extended,
  18     and I think in that extension we have to recognise that
  19     probably does impose a requirement on an individual unit
  20     at least and probably a surgeon also to discuss their
  21     individual results.
  22   Q. How does one cope with the difficulties from the
  23     patient's perspective of being told that the surgeon has
  24     not done this particular procedure before, or has only
  25     done one or two of them?
0119
   1   A. I switch now perhaps to personal observations, rather
   2     than observations on behalf of the BPCA. I think if
   3     a surgeon has done only a limited number of procedures,
   4     but that procedure is an uncommon or rare one and he
   5     knows that few surgeons anywhere will have large
   6     numbers, or sufficient numbers to be analysed in
   7     statistical terms, then it is reasonable for him to say,
   8     "My experience is very limited with this procedure, but
   9     most other surgeons also have very limited experience".
  10        The discussion or the consent procedure then of
  11     course may extend somewhat wider. The patient then
  12     asks, "Is there anywhere that this particular procedure
  13     is performed more frequently with better results?" If
  14     one said yes, there is centre X in a continent
  15     elsewhere, then it may not be practical to suggest that
  16     all patients with that condition travel to that other
  17     continent. There may be greater difficulties, however,
  18     if one other centre in the UK has somewhat greater
  19     experience than others with a particular procedure, and
  20     that knowledge is widely disseminated or made available.
  21        Are we then to recommend that only one centre
  22     carry out particular, or perhaps two or three centres
  23     carry out particular procedures? I do not know the
  24     answer to that yet.
  25   Q. I was going to ask you what your answer was.
0120
   1   A. No, I do not know it. I think the debate has just
   2     started, but for sure, it is not a simple debate.
   3   Q. What would the general view be as to the position that
   4     was proposed by Mr McLean to Dr Swanton earlier today,
   5     where you have a fairly established risk in one
   6     operation, the Sennings or Mustard procedure for dealing
   7     with transposition of the great arteries and along comes
   8     the arterial switch, a new procedure, which the surgeon
   9     may not have done before, although he may have done lots
  10     of Mustards or Sennings. Is he to say, "I have never
  11     done one of these before so I cannot tell you the risks
  12     in my hands, but I can tell you if you had this other
  13     procedure the baby would live to 25, 27, 30, might need
  14     another operation on the way, might not live any longer,
  15     but will probably have a good chance of surviving
  16     surgery". What should be said?
  17   A. I think that depends on the nature of this "new", in
  18     inverted commas, procedure that the surgeon may be
  19     doing. If in type it is very similar to other
  20     procedures he has done, he can explain that clearly to
  21     the family, that in essence the technique or methods of
  22     surgical operation he will be using will be based on
  23     many other similar operations.
  24        But if it really is an operation that requires the
  25     application of an entirely new technique or method, then
0121
   1     what we are proposing is that he should not operate for
   2     the first time single-handedly. That is exactly the
   3     kind of situation in which he will invite a colleague
   4     from elsewhere to come and assist him with the first
   5     three, four, five, six cases. That should become the
   6     accepted norm of practice, rather than a surgeon
   7     returning from an international conference, having heard
   8     somebody in centre X report on a new procedure, and
   9     saying "Look, I am going to try that when I get back
  10     home" as opposed to the modification of an established
  11     procedure.
  12   Q. You have implied in your report that views have changed
  13     on the question of informed consent over the period this
  14     Inquiry is concerned with. Just to take your last
  15     example of the surgeon returning home from the
  16     international conference, and again, really asking for
  17     your anecdotal experience of this, anecdotally, is that
  18     what it is thought happened with perhaps a number of
  19     procedures during the 1980s and perhaps early 1990s?
  20   A. I would not put it as boldly or as crudely as that,
  21     obviously, but if we take the arterial switch procedure,
  22     it was recognised as promising better results in the
  23     long-term. We had a number of surgeons who felt they
  24     were technically competent with well-established
  25     procedures in paediatric cardiac surgery, therefore, why
0122
   1     should they not be competent with that procedure,
   2     whereas it was recognised fairly soon there were some
   3     technical pitfalls that had to be worked through by the
   4     leaders in the field before the operation, the new
   5     technique, became established as an acceptable
   6     alternative to the Mustard and Senning procedures.
   7        But yes, I think it will be acknowledged by the
   8     medical community, there were surgeons who attempted
   9     worldwide the arterial switch operation who probably
  10     would have benefited from wider exposure to colleagues
  11     who had already taken on board the procedure as an
  12     established part of their surgical armamentarium.
  13   Q. I accept the question was crude and stark, but I suspect
  14     that what you said in your elegant reply could be
  15     crudely and starkly be summarised as "Yes"?
  16   A. Yes.
  17   Q. That is all I am going to ask you, Dr Godman. Thank you
  18     very much from my perspective for coming to give the
  19     evidence you have. There are undoubtedly going to be
  20     some questions from the Panel.
  21             Examined by THE PANEL:
  22   MRS HOWARD: There are two questions I would like to ask.
  23     Can I refer you to your statement, 47/6.
  24        You refer at the top of that statement to the role
  25     of the Liaison Cardiac Nurse.
0123
   1   A. Yes.
   2   Q. You go on to say, or you reply that this is an extremely
   3     important role. Could you explain to me the views of
   4     the Association in respect of the roles and
   5     responsibilities of that person and also the
   6     qualifications and skills you would expect that person
   7     to have?
   8   A. The individual would usually have come from a background
   9     of involvement in either paediatric cardiology or
  10     paediatric cardiac post-operative care. I think there
  11     are one or two individuals that may have come generally
  12     from the background of general paediatrics, but they
  13     would be individuals familiar with handling not only
  14     children but obviously the families, so an important
  15     part of the role is the preparation of the individual
  16     child and the family for surgery or for the
  17     cardiocatheter procedure, for the totality of the care
  18     whilst the child was in hospital.
  19        The individual's role may not be confined to
  20     looking at the family within hospital. He or she may
  21     look at the family in the home, in the general practice
  22     setting, before the child comes into hospital, and will
  23     follow through post-operatively as well.
  24        They will have a number of remits, but one in
  25     which we hope their role will be extended is picking up
0124
   1     the kind of information the cardiologist and cardiac
   2     surgeon fail to do so, often in the setting of
   3     relatively short interviews, even though they may be an
   4     hour or an half, fairly short in the context of an
   5     individual child being prepared for a major life event.
   6   Q. In the situation where unfortunately the child succumbs,
   7     particularly if this has been during the operation
   8     itself, where do you see the role of somebody such as
   9     the Cardiac Liaison Nurse in that very difficult time of
  10     breaking that news?
  11   A. Obviously, for example, the time of day in which if
  12     a child dies after surgery, it may define the role in
  13     some ways in terms of the immediate setting, but the
  14     Cardiology Liaison Nurse will play a key part in
  15     supporting the family, with usually the cardiologist,
  16     perhaps, rather than the surgeon in the hours -- not
  17     immediately after surgery, but, say, 12, 18, 24 hours
  18     after, and I believe that in most centres that
  19     Cardiology Liaison Nurse will sit in when the news is
  20     transmitted to the parents that their child has been
  21     lost, to play an important role in setting up the
  22     follow-up meetings with the family and liaising with the
  23     cardiologist and the surgeon in terms of helping with
  24     counselling of the family after the loss of the child.
  25   Q. Just one other question. You referred very early on in
0125
   1     your statements to the responsibilities for quality that
   2     would emanate from the Board of the hospital. Do you
   3     have any particular comments with regard to particular
   4     directors on the Board whom you might see as having an
   5     essential role in relation to both the setting and
   6     monitoring of standards?
   7   A. I am not quite sure I have understood the thrust of the
   8     question. Do you mean that there should be a particular
   9     non-executive director or executive director with total
  10     responsibility.
  11   Q. I am particularly interested in your view of the
  12     executive members of the Board.
  13   A. Yes, I think there should be an executive member of the
  14     board with specific duties for quality setting. I know
  15     that on many Boards that will often be the Director of
  16     Nursing, but not exclusively the Director of Nursing,
  17     but I think, equally important, there should be
  18     a non-executive director with a remit very much for
  19     helping to monitor, or indeed, chairing the quality
  20     standards setting committee.
  21   MRS HOWARD: Thank you very much.
  22   PROFESSOR JARMAN: Three questions, Dr Godman. You very
  23     honestly said you just do not know whether the results
  24     should be published or not and also the difficulties
  25     between "probable" and "possible" etc, and risk?
0126
   1   A. If I could correct that, committed to the publishing of
   2     the results. Not quite sure of the form in which they
   3     are published, and do believe strongly that whatever
   4     form that is, we need to extend the debate with the
   5     public at large on what that information is actually
   6     telling them and meaning.
   7   Q. So you are committed to the publishing of them?
   8   A. Yes.
   9   Q. And there is this problem "probable" and "possible".
  10     We have heard in the Inquiry often people are given
  11     figures, 20 per cent, 30 per cent and so on. Do you
  12     think it would be useful if patients were given
  13     a written number, and then also the "probable" or
  14     "possible" discussions? We both know that patients do
  15     not understand everything during the consultation. They
  16     could take that away with them and cogitate over it
  17     after this?
  18   A. Yes, personally, I would support that.
  19   Q. The second question is that you say at the end of your
  20     statement you think the BPCA might assume a regulator
  21     function and question the outcome performance and so on?
  22   A. Yes.
  23   Q. Later on you discuss the difficulties of measuring
  24     outcome and performance, which we all know about. My
  25     impression as a GP is that patients are very interested
0127
   1     in low death rates. I just wonder whether you see there
   2     might be a role for the patient working with their GP in
   3     looking at outcome, perhaps in the new structure of
   4     primary care groups.
   5        Would you see any role for the patients working
   6     via their GPs and BCPs and looking at outcome?
   7   A. I have to confess, it is not an approach I have
   8     considered, or we have considered, I think because we
   9     thought already the exercise was likely to be
  10     extraordinarily difficult. I would turn it round on the
  11     question and say "Yes, one would be interested. What is
  12     it that is being proposed?"
  13   Q. I suppose what I am proposing is that patients would be
  14     very interested to know what the figures were, but may
  15     not be able to interpret them themselves easily so that
  16     they could get help via their GPs and working within the
  17     primary care group to collect evidence?
  18   A. Yes, I certainly would be supportive of that approach.
  19   Q. Thank you very much. The third question is the one
  20     I asked Dr Swanton: whether BPCA did discuss what were
  21     suggested to be problems at Bristol at all in any of
  22     their meetings?
  23   A. No, we did not.
  24   Q. Do you think it might have been useful, that you might
  25     have expected to have discussed it?
0128
   1   A. I think it would have been useful. I think we might
   2     well have laboured under considerable difficulties in
   3     getting accurate information on data.
   4   PROFESSOR JARMAN: Thank you very much.
   5   THE CHAIRMAN: Thank you. I have no questions.
   6        Dr Godman, unless Mr Langstaff has, thank you very
   7     much indeed for coming and sharing your knowledge and
   8     wisdom with us today. I am sorry we kept you over the
   9     lunch break, as it were, the short lunch break as it
  10     was. We are very grateful to you. If in the coming
  11     period of time you wish to submit anything else to us,
  12     we would of course be happy to receive it.
  13   THE WITNESS: Thank you very much.
  14            (The witness withdrew)
  15   MR MACLEAN: Sir, could I call Dr Jane Ratcliffe, please?
  16        Dr Ratcliffe, as you know, we take the oath.
  17     Would you stand up, please, to take the oath.
  18            DR JANE RATCLIFFE (Sworn):
  19            Examined by MR MACLEAN:
  20   Q. Do sit down, Dr Ratcliffe. Could you give us first of
  21     all your full name and professional address, please?
  22   A. I am Dr Jane Margaret Ratcliffe.
  23   Q. Could you move closer to the microphone?
  24   A. I am a consultant in paediatric intensive care at the
  25     Royal Children's Hospital, Alderhay, and I hold the
0129
   1     qualifications of Bachelor of Medicine and Surgery.
   2     I am a Fellow of the Royal College of Physicians and
   3     a Fellow of the Royal College of Paediatrics and Child
   4     Health.
   5   Q. I think you are currently the Chairman of the
   6     Intercollegiate Committee for Training in Paediatric
   7     Intensive Care Medicine and were, until very recently,
   8     the Honorary Secretary of the Paediatric Intensive Care
   9     Society, which post you held between 1991 and 1998?
  10   A. That is correct. I have actually just taken over the
  11     Chairmanship of the Intercollegiate Committee from
  12     Professor Hatch.
  13   THE CHAIRMAN: May I interrupt, could you come forward just
  14     a little. It is I not you, it is just that I do not
  15     hear too well.
  16   MR MACLEAN: Could I have on the screen WIT 60, page 1.
  17        Dr Ratcliffe, is that the first page of
  18     a statement you have submitted to the Inquiry?
  19   A. Yes, it is.
  20   Q. If we move on, please, to page 8, that is your
  21     signature, is it not?
  22   A. Yes, it is.
  23   Q. That is the end of that same and formal written
  24     statement that you have submitted to the Inquiry?
  25   A. Yes, it is.
0130
   1   Q. The Panel will have read your statement, and we can
   2     assume that they are familiar with the content of it.
   3     The Paediatric Intensive Care Society was established in
   4     1987?
   5   A. Yes, that is correct.
   6   Q. And it has a wide-ranging membership, involving which
   7     disciplines?
   8   A. It involves people who have any input into paediatric
   9     intensive care, so paediatric anaesthetists,
  10     paediatricians, paediatric intensivists, surgeons, both
  11     general paediatric surgeons and specifically
  12     cardiothoracic surgeons, cardiologists, paediatric
  13     cardiologists. That is the main bulk of the medical
  14     membership, including trainees in the specialities. The
  15     other group are nurses mainly working in paediatric
  16     intensive care, some working in neonatal intensive care
  17     and some in mainly general intensive care.
  18        Then professions allied to medicine, such as
  19     pharmacists and physiotherapists are also members.
  20   Q. You would describe yourself, I think, now, as being
  21     a consultant paediatric intensivist?
  22   A. Yes.
  23   Q. And I think we are going to see in the next few minutes,
  24     that the concept of a paediatric intensivist as
  25     a specialist consultant is one that has developed really
0131
   1     over the last ten years for the first time, has it not?
   2   A. Yes, in this country, although there are models abroad.
   3   Q. We see from the first page of your statement you
   4     yourself worked at the Hospital for Sick Children in
   5     Toronto as a Paediatric Intensive Care Unit fellow?
   6   A. Yes.
   7   Q. That was before you took up your post here in 1991?
   8   A. Yes.
   9   Q. The Paediatric Intensive Care Society was formed in the
  10     wake of a report from a Working Party of what was then
  11     the British Paediatric Association, which was set up in
  12     1985, the Working Party, in 1985?
  13   A. Yes.
  14   Q. The report was published in 1987.
  15        Could I have RCPCH 1/1, please? That is the 1987
  16     report, is it not, in front of you?
  17   A. Yes.
  18   Q. If we just have a look at this briefly, if we go,
  19     please, to page 2, the bottom of the page, that last
  20     paragraph:
  21        "Terms of reference: the Working Party was
  22     established by the Council of the British Paediatric
  23     Association [in March 1985] to consider intensive care
  24     for older children in the UK. Its terms of reference
  25     were to 'investigate and report on the facilities,
0132
   1     organisation and staffing, (including training) for
   2     intensive care of infants outside the neonatal period
   3     and older children and to make recommendations to the
   4     Association'."
   5   A. Yes.
   6   Q. So the first thing we see there is that in 1985 there
   7     was a distinction being drawn between one type of child
   8     and another by age: older children were being looked at
   9     separately from the very young?
  10   A. Yes. I think the distinction is more between neonatal
  11     intensive care, which was a well-established area of
  12     specialisation, and children who fell outwith that, but
  13     these children could also be neonatal, i.e. within the
  14     first month of life, but in general, they were not the
  15     pre-term infants that formed the bulk of neonatal
  16     intensive care. They may be infants who had never been
  17     in a neonatal intensive care or special care unit who
  18     came back into hospital with other conditions.
  19   Q. Because most neonates cared for in an Intensive Care
  20     Unit, or perhaps a Special Care Baby Unit, would be
  21     obviously within the first 28 days of life cared for in
  22     a maternity hospital, in a Special Care Baby Unit or an
  23     Intensive Care Unit at the maternity hospital?
  24   A. Yes.
  25   Q. But obviously children might for example be taken home
0133
   1     and only a few days later or a week or so later it is
   2     detected there is a congenital heart defect?
   3   A. Yes.
   4   Q. Then you would find yourselves not in the Special Care
   5     Baby Unit or the ITU item but in the children's hospital
   6     or the adult hospital, and then we would have to be
   7     looking at the intensive care facilities there?
   8   A. Yes.
   9   Q. If we go to page 3, and turn it round, under the heading
  10     "introduction", the first paragraph, the Panel can see
  11     that for themselves, I will not read it out. That is
  12     the paragraph that makes the point we have just made, is
  13     it not?
  14   A. Yes.
  15   Q. If we scan down that page to the paragraph under the
  16     heading "Questionnaire", this Working Party did not
  17     consider units providing care for a single specialty,
  18     such as neurosurgery, cardiology and burns. Those were
  19     excluded?
  20   A. Yes.
  21   Q. I want to try and separate out all the cross-cutting
  22     specialities here. We have one distinction between
  23     adults and children?
  24   A. Yes.
  25   Q. Another distinction is between the specialty,
0134
   1     neurosurgery or cardiology, for example, and general
   2     surgery or general medicine, or another specialty?
   3   A. Yes.
   4   Q. Are you able to comment on which of those two is the
   5     most fundamental for the care of children with
   6     paediatric cardiac problems? Is it important that they
   7     are cared for in a centre which is a cardiac centre,
   8     first and foremost, or is it important that they are
   9     cared for in a centre which is a paediatric centre first
  10     and foremost, or is it a mixture of both?
  11   A. I think in terms of the paediatric cardiac spectrum, it
  12     is very different from the adult cardiac spectrum of
  13     illness.
  14   Q. Why?
  15   A. It is in the main congenital heart disease, structural
  16     heart defects. It is not diseases of degeneration.
  17     These are children with often complex other problems, in
  18     addition to that, so I would say the ideal is a cardiac
  19     centre which is a paediatric cardiac centre which has
  20     the input not just of paediatric cardiologists, cardiac
  21     thoracic surgeons and around the surgical period people
  22     with specific training in management of the
  23     peri-operative period for children, paediatric intensive
  24     care consultants, but it is also the additional input of
  25     the specialities, the paediatric support specialities in
0135
   1     terms of, for instance, renal respiratory and sometimes
   2     genetic support, counselling support, I think, is the
   3     trained nurses -- it is the appropriately trained nurses
   4     who are trained both in the management of paediatric
   5     cardiological problems and paediatrics, and the
   6     environment which is focused on the child and is
   7     child-friendly.
   8   Q. Would it be fair to say that whereas there might be, in
   9     the view of your Association, scope for a single
  10     specialty cardiac centre dealing with adults, which is
  11     populated by cardiac surgeons and cardiologists, and so
  12     on, but as a separate centre, that might be as it were
  13     okay for adults, but because of the congenital heart
  14     conditions that children will suffer from, that type of
  15     approach of having a separate cardiac centre away from
  16     the general run of paediatric expertise would be much
  17     less appropriate in the case of children than adults.
  18        That is a very long question.
  19   A. Yes. I think it is not the ideal configuration,
  20     although there have been several centres that have
  21     developed like this, and, you know, shown themselves to
  22     be providing an excellent service. I think the way to
  23     look at it is, if you were configuring it from a blank
  24     sheet, I would want to configure it within a paediatric
  25     setting, but with all the key figures who can make the
0136
   1     specific specialty, you know, of the highest excellence.
   2   Q. Can we move to page 4, then, of the 1987 report, at the
   3     bottom of the right-hand column and just blow that up.
   4     This was a Working Party set up in 1985, so right at the
   5     beginning of the Inquiry's period. It says:
   6        "At least one consultant should bear
   7     administrative responsibility for the unit. Consultant
   8     cover for the purposes of advice and consultation on the
   9     care of individual patients should always be available
  10     so a consultant should be on call for the unit at all
  11     times ..."
  12        In 1985/86/87, who was responsible ultimately for
  13     the clinical care of a child in an Intensive Care Unit?
  14     Was it the surgeon or someone else?
  15   A. I think it would depend on the individual staff who
  16     would say, "I am in charge". I think it is a difficult
  17     one.
  18   Q. What was your impression of the position at that time?
  19   A. In terms of the general intensive care unit side of
  20     things, it seemed to be a sort of joint -- the position
  21     was of a joint care between the person who was running
  22     the intensive care, the consultant in charge, and the
  23     consultant from this specialty admitting the child
  24     there.
  25        In specific cardiac terms, I think the surgeon
0137
   1     feels that that is their patient, progressing through
   2     the unit, or the cardiologist, but I think that it is --
   3     it was clear that within a unit, within an intensive
   4     care unit, that person was not always as available,
   5     because they were probably doing more surgery or
   6     whatever, that there should be a shared person who was
   7     spending their time working on the intensive care.
   8   Q. I am sorry to interrupt you. It is the first sentence
   9     of that paragraph. It is the words "administrative
  10     responsibility", which suggest that there was some other
  11     responsibility, perhaps clinical responsibility, which
  12     lies elsewhere than with this one consultant; is that
  13     right, or am I reading too much into that?
  14   A. I was not involved in the preparation of this document,
  15     as you probably appreciate, and we have since amended
  16     that slightly, but in terms of for a Paediatric
  17     Intensive Care Unit, not particularly one with
  18     a specialist one, it is that somebody should lead the
  19     clinical team, i.e. somebody is head of that department,
  20     leading the way it works, but on a day-to-day or an
  21     individual basis, the actual consultant supervising the
  22     care will vary.
  23   Q. Would it be fair to say that in the mid-1980s, so far as
  24     you are aware, most cardiac surgeons would have taken
  25     the view that the patient was their patient in the
0138
   1     theatre and afterwards in the Intensive Care Unit and
   2     that they were responsibility for the clinical care of
   3     that patient until they were discharged from hospital?
   4   A. I think that was a view that I -- I certainly -- and
   5     I was a trainee at that time -- saw that as happening,
   6     yes.
   7   Q. That was a prevalent view?
   8   A. Yes, certainly in this country.
   9   Q. Can I just have the same document, please, at page 7?
  10     The bottom of the left-hand column, the penultimate
  11     paragraph, please.
  12        At this stage, the last sentence:
  13        "It was suggested [by the Working Party] that
  14     where possible the provision of paediatric intensive
  15     care should be organised so that units have a minimum of
  16     five beds."
  17        Was that indicative of the general position at
  18     that stage, or was that an aspiration?
  19   A. I think it was an aspiration for a lot of units.
  20     I think there were a lot of very small units at the
  21     time, but it was felt that to have the full panoply of
  22     support, five beds would be an absolute minimum.
  23     I think the number of beds has increased in subsequent
  24     views, but --
  25   Q. We will see that. I am interested at the moment in the
0139
   1     late 1980s.
   2   A. Yes. I think that five beds would -- you really would
   3     not call it a true Paediatric Intensive Care Unit, then,
   4     with fewer than those.
   5   Q. Can we have the next paragraph, please. The Working
   6     Party had conducted a survey?
   7   A. Yes.
   8   Q. That showed at that time a third of children requiring
   9     care were admitted to general intensive care units; that
  10     means adult intensive care units essentially.
  11   A. Yes.
  12   Q. "About half of those GICUs taking children admitted 12
  13     or less [I think that should be 'fewer'] children per
  14     year (thus accounting for 16 per cent of children
  15     admitted to GICUs)"?
  16   A. Yes.
  17   Q. So the pattern in the late 1980s was that a good number
  18     of children were admitted to general ICUs in
  19     non-specialties -- because we remember we are not
  20     dealing here with neurosurgery or cardiothoracic
  21     surgery.
  22        A final reference to this document, please,
  23     page 8, just above the heading "Parents". This is in
  24     the context of a discussion of nursing.
  25        "Following the creation of such courses [dealing
0140
   1     with nursing training] it would then be hoped that an
   2     increasing number of nurses in PICUs should have
   3     a qualification in paediatric intensive care nursing and
   4     that it should be possible in the identified GICUs to
   5     ensure that at least one nurse per shift has paediatric
   6     intensive care training."
   7        It is fair to say, is it not, that that position
   8     in 1987 is very far removed from the position which your
   9     organisation would adopt now as being best practice?
  10   A. Yes.
  11   Q. And that especially in respect of paediatric intensive
  12     care nursing, there has been an exponential shift in the
  13     expectations of what is required in terms of nursing
  14     sick children?
  15   A. Yes.
  16   Q. Let us go, then, to another document, WIT 60/11, please:
  17     this is one of the documents you refer to in your
  18     statement, the Paediatric Intensive Care Society's own
  19     standards from 1992. Could we go, please, to page 13?
  20        That tells us who prepared the document. The
  21     Panel can see that.
  22        Would you go, then, to page 15?
  23        We see there a definition of "intensive care" and
  24     the definition of "intensive care unit". For the
  25     Panel's note, the footnote references can be found at
0141
   1     page 24 of the same bundle. We need not go there.
   2        Those are generally accepted definitions and were
   3     in 1992. There was nothing controversial there, was
   4     there?
   5   A. I do not think so, no.
   6   Q. Under the heading, just scrolling down slightly,
   7     "Paediatric intensive care."
   8        "There are only a small number of paediatric
   9     intensive care units in the United Kingdom. Many
  10     critically ill children undergo treatment in general
  11     intensive care units which cater predominantly for
  12     adults. In these units, children may be nursed in an
  13     open-plan area alongside adults undergoing intensive
  14     care. An alternative adopted by some hospitals is to
  15     manage critically ill children in part of a general
  16     paediatric ward", so not in an intensive care setting at
  17     all. "Both these arrangements have a number of
  18     disadvantages" and they are set out.
  19        It is fair to say those disadvantages have been
  20     again highlighted time and time again since 1992?
  21   A. Yes.
  22   Q. Over the page, page 16, please. The top of the page:
  23        "Although it has been suggested that there should
  24     be a minimum of one general paediatric intensive care
  25     bed per 40,000 of the child population, this may be an
0142
   1     under-estimate. Because intensive care is expensive in
   2     terms of manpower and resources, it is essential to
   3     centralise paediatric intensive care facilities so that
   4     they may be used in the most efficient and
   5     cost-effective way".
   6        How did the Paediatric Intensive Care Society
   7     envisage that that centralisation process would come
   8     about?
   9   A. They hoped that there would be a general recommendation
  10     coming from them and from the multi-disciplinary working
  11     party convened by the British Paediatric Association
  12     which reported in 1993, that this would be a stimulus to
  13     change, to report on the fragmented way it was
  14     happening.
  15   Q. It is one thing to report in a fragmented way of things
  16     being done and saying "This is a bad show, we need to
  17     centralise". It is another to actually centralise?
  18   A. That is right.
  19   Q. What was the mechanism for bringing this suggestion and
  20     recommendation to bear fruit?
  21   A. From the perspective of the Paediatric Intensive Care
  22     Society, actually producing standards of practice was
  23     felt to be a way of illustrating what should be achieved
  24     and for individual units to actually look at where they
  25     stood.
0143
   1        An independent organisation of interested
   2     professionals has no clout in things. Therefore, the
   3     other route was the British Paediatric Association,
   4     which was --
   5   Q. Now the Royal College of Paediatrics and Child Health?
   6   A. Yes. It was felt that the recommendations from very
   7     concerned professionals, plus the information contained
   8     and the details, would --
   9   Q. Would somehow permeate through?
  10   A. Somehow permeate through, that perhaps there would be
  11     leadership via the Department of Health that would
  12     ensure that change took place.
  13   Q. Let us pause there and go to the bottom of the same
  14     page. Under the heading "Regional organisation", we
  15     have to remember this was 1992, so at the beginning of
  16     a period of fundamental change in the Health Service?
  17   A. Yes.
  18   Q. "We consider that paediatric intensive care should be
  19     provided on a regional basis. There needs to be a clear
  20     strategy for the provision of paediatric intensive care
  21     facilities with one or more paediatric intensive care
  22     units per region, to be based at a children's hospital
  23     or major paediatric centre."
  24        We see from the foot of the page that those were
  25     to be additional to the supra-regional paediatric
0144
   1     subspecialty units which then just about still existed
   2     for cardiothoracic surgery.
   3        That seems to suggest that the role, the key role
   4     in setting up this process of having paediatric
   5     intensive care units was to be carried out at a regional
   6     level by the Regional Health Authority at that time?
   7   A. Yes.
   8   Q. Is that right?
   9   A. Yes.
  10   Q. And regional health authorities disappeared shortly
  11     thereafter, but we now have a system of the National
  12     Health Executive with its eight areas, do we not?
  13   A. Yes.
  14   Q. So is it fair to say that to the extent that paediatric
  15     intensive care is to be developed on a regional basis or
  16     an area basis, that the key organisation to deliver that
  17     structure would now be the areas of the National Health
  18     Service?
  19   A. Yes, it would be.
  20   Q. What is the mechanism for them doing that in the context
  21     of a system which has purchasers and providers operating
  22     across the country with, as it were, the freedom to buy
  23     services in theory from wherever they like?
  24   A. I think that would go in a very unhelpful way, to put it
  25     mildly, to the thrust of grouping the services and
0145
   1     getting this sort of procedure. I think it would be
   2     actually a difficult process. It would be made more
   3     difficult by the situation with Trusts and the
   4     organisation, and there was less of a regional thrust,
   5     although there were these eight Health Authorities,
   6     I think there was a lot of Trusts trying to develop as
   7     much as they could within the political climate of that
   8     time.
   9   Q. It is usual for a National Health Service Trust to want
  10     to accumulate specialities which are high profile, will
  11     attract high profile and good staff and which will then
  12     attract, presumably, finance from purchasers?
  13   A. Yes.
  14   Q. That is fair comment, is it not?
  15   A. Yes.
  16   Q. Just looking at that page, just before we leave it, on
  17     minimum size and number of admissions, the Society was
  18     suggesting, it was suggested, recommended in fact, that
  19     a paediatric intensive care unit should have at least
  20     four beds and admit the minimum of 150 patients per
  21     year?
  22   A. Yes.
  23   Q. I think it is fair to say that subsequently when the
  24     National Health Centre for Reviews and Dissemination got
  25     a hold of a later document, they criticised the way in
0146
   1     which the suggested numbers had been arrived at by the
   2     Society?
   3   A. Yes.
   4   Q. How was that number of at least four arrived at? What
   5     is it based on?
   6   A. I think it was based on the knowledge of certain
   7     paediatric intensive care units being of that size, but
   8     the views of the members of the Society, you know, at
   9     that time, that this would be an absolute minimum to be
  10     able to be given the name of Paediatric Intensive Care
  11     Unit at that time --
  12   Q. What is the view now?
  13   A. That Paediatric Intensive Care Units has been
  14     considerably bigger than that.
  15   Q. How big?
  16   A. I think we would say at least 8 beds.
  17   Q. Why has it increased by 100 per cent since 1992?
  18   A. In order to actually run a paediatric intensive care
  19     transport service, and to have the staff and the
  20     expertise maintained, you need a significant and ongoing
  21     through-put of patients, and you need the staff to be
  22     able to transfer the patients, resuscitate and transfer
  23     them and bring them into the unit, and you cannot do
  24     that in a centre without the medical and nursing
  25     resources to be able to do that.
0147
   1        So it is the infrastructure and the perceptions of
   2     what infrastructure you need that have really changed
   3     and have dictated the increase in numbers.
   4   Q. Let us go on, then, to page 17, please. The middle of
   5     the page, under the heading "Consultant medical staff",
   6     similar to the passage we saw in the 1987 report. In
   7     the middle paragraph there:
   8        "Most British paediatric intensive care units
   9     adopt a multi-disciplinary approach to patient
  10     management. Although the unit medical staff will
  11     supervise and oversee many aspects of treatment, the
  12     patients will normally remain under the overall charge
  13     of the hospital consultant under whom they were
  14     admitted".
  15   A. Yes.
  16   Q. That would be for a child admitted for a repair of
  17     a congenital heart defect to the cardiac surgeon?
  18   A. Yes.
  19   Q. So he or she is in charge overall?
  20   A. Yes.
  21   Q. Then we go on: "The consultant in administrative charge
  22     [the same word again] of intensive care, should
  23     therefore be responsible for establishing lines of
  24     communication with all staff who have involvement with
  25     the care of patients on the unit".
0148
   1        No doubt a very unfair characterisation, but one
   2     view of that paragraph is that the consultant in
   3     administrative charge is essentially a communications
   4     person making sure that the right people are talking to
   5     the right other people?
   6   A. Yes.
   7   Q. But it is the surgeon who is in overall charge of the
   8     patient whilst they are in the paediatric intensive care
   9     unit?
  10   A. I would think many units were run on that basis.
  11   Q. That seemed to be the norm?
  12   A. That seemed to be at the time, although I think read in
  13     that way it does not actually give credence, or it does
  14     not give any support to the consultant who may be
  15     managing the patient on an hour-by-hour basis, really.
  16     They are co-ordinating for the specialist areas relating
  17     to the cardiac surgery or the cardiological input, for
  18     instance, an echocardiogram, or the cardiac surgeon's
  19     input into whatever aspect of the care. But they are
  20     themselves doing a lot of the actual care and management
  21     as well.
  22   Q. I understand that, but we hear a lot about
  23     multidisciplinary treatment, and so on, and take that on
  24     board, but it is important, is it not, for the parent of
  25     a child, or for an adult patient, to know who is in
0149
   1     charge of their care?
   2   A. Yes.
   3   Q. "Who is caring for me while I am here?"
   4   A. Yes.
   5   Q. And what this tells us is that in 1992 they were being
   6     cared for, overall, by the consulting surgeon, so they
   7     would be looking, would they not, to the surgeon, would
   8     be expecting the surgeon to come round and look after
   9     them to see how they were and taking a role in directing
  10     the clinical care they were given; is that right?
  11   A. Yes, they would on paper, but in fact on an individual
  12     PICU basis, they would be looked after by the staff, who
  13     would actually introduce themselves and say, "I am
  14     actually looking after you while you are here".
  15   Q. So in fact what you are saying is, in fact they are
  16     looked after by the people in the Intensive Care Unit,
  17     actually, the others decide the drug doses, the other
  18     care in the Intensive Care Unit, but to the extent that
  19     the patient or the parent still considered them to be
  20     under the care of Mr X who had done the operation the
  21     day before, there would be scope, would there not, for
  22     the parent to misunderstand the role of the surgeon
  23     after the patient had left surgery?
  24   A. Yes. I think they may expect the surgeon to manage the
  25     post-operative care when it is going to be managed by
0150
   1     the medical staff, cardio -- we are talking specifically
   2     about cardiac surgery, the cardiologist, and the
   3     consultant in intensive care, whoever that may be, but
   4     also, I think the crucial person who will help the
   5     understanding of the process is the bedside nurse
   6     actually managing the nursing care and giving the
   7     prescribed clinical care and ongoing support.
   8   Q. Let us look at nursing. At page 18 of the document, the
   9     foot of the page, please:
  10        "In 1992 the recommendation was that there should
  11     be a senior nurse with several years experience in
  12     paediatric intensive care in charge of the nursing care
  13     in the unit.
  14   A. Yes.
  15   Q. Every senior member of staff should be an experienced
  16     paediatric intensive care nurse."
  17        That is a long way away from the 1987 report,
  18     which said that children could be cared for in a general
  19     intensive care unit, provided there was one nurse per
  20     shift who had some paediatric specialist training. That
  21     has been moved a long way in that five year period?
  22   A. Yes.
  23   Q. Staffing levels: "A minimum of one trained nurse to one
  24     patient is usually required throughout the entire 24
  25     hour period."
0151
   1        Over the page, page 19, the different levels of
   2     dependency category are set out?
   3   A. Yes.
   4   Q. These are the dependency categories that are recognised
   5     today, are they not?
   6   A. Very generally.
   7   Q. There was a development at one stage of a level 4?
   8   A. Level 4 is for very specialised services, but in general
   9     these are the three that are accepted. But it is
  10     a guideline only. Individual children may need
  11     a different care. It was a guideline to determine the
  12     nursing ratio per child, not to be prescriptive about
  13     it.
  14   Q. It is a guidance?
  15   A. Yes.
  16   Q. At the foot of the page, the nursing establishment, the
  17     key ratio, the recommendation was that it was 6.4 WTE
  18     [whole time equivalence] to 1, so 6.4 nurses had to be,
  19     as it were, employed in a unit for every patient, in
  20     order to give the appropriate amount of care, taking
  21     account of shifts, and so on?
  22   A. Yes.
  23   Q. That again is a ratio that is still the recommendation
  24     in this country, is it not?
  25   A. Yes, that has been endorsed by the Paediatric Intensive
0152
   1     Care Society and has generally been accepted by the
   2     majority. I would not say universally accepted.
   3     I think there are people who practice in neonatal
   4     intensive care who say that the ratios do not need to be
   5     as high as this. But I think the view is that this is
   6     the minimum ratio.
   7   Q. Could I then go, please, having set that ratio out, to
   8     page 20, towards the foot of the page?
   9        "Size and location ... the Paediatric Intensive
  10     Care Unit should be situated close to other essential
  11     services and departments".
  12   A. Yes.
  13   Q. "The accident and emergency department, the x-ray
  14     department, the operating theatres and the
  15     laboratories."
  16   A. Yes.
  17   Q. That is still obviously conventional wisdom?
  18   A. Yes.
  19   Q. Page 21, please, towards the bottom of the page:
  20        "Facilities for parents". We have been hearing
  21     evidence for the last few days and one of the points
  22     that has come back again and again has been the concern
  23     that parents have for the facilities provided for them
  24     while their child is in hospital.
  25   A. Yes.
0153
   1   Q. We see there what is said. The language is in terms of
   2     "should". Facilities "should include" the matters we
   3     see listed. To what extent does that paragraph
   4     represent the position at the time this report was
   5     written, or was that, again, an aspiration to improve
   6     upon the general position?
   7   A. I think the position was in some units, but in others,
   8     it was an aspiration. Certainly, many did not come up
   9     to those standards.
  10   Q. Then page 22, please. Data collection and audit.
  11        "In order to assess the performance of an
  12     Intensive Care Unit, it is necessary to collect
  13     information and undertake audit."
  14        I do not think anyone is quibbling with that
  15     sentence.
  16        "This should include details of the unit workload,
  17     collection of patient data and analysis of morbidity and
  18     mortality ... There should be regular audit meetings so
  19     that all staff can be made aware of any adverse
  20     occurrence or alteration in the standard and quality of
  21     care. Audit and data collection will be facilitated by
  22     the development of information technology systems."
  23        Again, the same question: to what extent is that
  24     aspiration, as of 1992?
  25   A. I think it was an aspiration, there were some units who
0154
   1     were collecting data. I do not think that the data
   2     collected had a great reproducibility between different
   3     units. They were not all collecting the same data. It
   4     depended partly on the enthusiasm of individual doctors
   5     within units and --
   6   Q. So there was a patchwork of different levels of audit
   7     going on across different intensive care units across
   8     the country, with no sensible co-ordination or guidance?
   9   A. Not in paediatric intensive care, no.
  10   Q. And this pre-dates something called the Intensive Care
  11     National Audit and Research Centre which has been set up
  12     since, which has been designed to address those
  13     difficulties?
  14   A. It has been set up with an adult basis, but there is not
  15     as yet a paediatric arm to that, although data is
  16     collected using that, and there will, we hope, be
  17     a paediatric -- the data that is collected for adults,
  18     some of it is helpful in children, but overall in
  19     paediatric intensive care with lower mortality and the
  20     different types of morbidity, it needs to be a different
  21     process.
  22   Q. I will just deal with this point very briefly. If we
  23     move to page 42, please, this is an update to the
  24     Standards document in 1996. I think you were part of
  25     the production of this update in standards. We see in
0155
   1     the second paragraph:
   2        "The Paediatric Intensive Care Society [this is
   3     1986, so after the Inquiry's terms of reference will
   4     have finished] is developing a common data set in
   5     conjunction with the Intensive Care National Audit and
   6     Research Centre which is intended to be used by all
   7     units providing paediatric intensive care in the United
   8     Kingdom. It is hoped that the introduction of the
   9     common data set will help stimulate units to implement
  10     the recommendations contained in this document ..."
  11        So there we see, by 1996, that the suggestion, the
  12     recommendation in the paragraph we were looking at at
  13     page 22 in 1992 about data collection and audit,
  14     remained an aspiration by 1996?
  15   A. Yes.
  16   MR MACLEAN: Chairman, I am conscious of the hour. I am
  17     conscious you have been sitting now since 9.30 this
  18     morning, and we are coming towards what should be the
  19     end of the hearing day. Dr Ratcliffe, obviously, is not
  20     finished in oral evidence. I have been going as quickly
  21     as I can. But we would not be doing her evidence
  22     justice were we to try to collapse it into the next 10
  23     minutes.
  24        In those circumstances, obviously, we are in your
  25     hands, but I do not see us concluding Dr Ratcliffe's
0156
   1     evidence in the next short period before I anticipate
   2     the Panel would like to break.
   3   THE CHAIRMAN: I am very grateful, Mr Maclean. If
   4     Dr Ratcliffe is prepared to bear with us, and others are
   5     able to carry on, I think let us say that we can go on
   6     until 3 o'clock, at the outside.
   7        If you think that will not really be of any great
   8     benefit to anyone, then we shall stop now.
   9   MR MACLEAN: I think, Chairman, we should go to 3 o'clock
  10     and see where we are. I am conscious also of the fact
  11     that this is a topic, paediatric intensive care, that we
  12     will be looking at on Monday again. Dr Ratcliffe has
  13     submitted to me today a new important document which you
  14     may have a copy of a little bit of, and it may be that
  15     in the light of that we would invite Dr Ratcliffe to
  16     make a supplementary written statement, which we would
  17     consider then, having concluded the oral evidence
  18     today. I think we should press on.
  19   THE CHAIRMAN: The Panel, as I say, is prepared to go on for
  20     half an hour. If Dr Ratcliffe and you and the
  21     stenographers are prepared to do that, and then we will
  22     stop then, out of a pure reflection of our own
  23     efficiency, but let us go until then.
  24   MR MACLEAN: The next important event was that a report was
  25     published by a Working Party on Paediatric Intensive
0157
   1     Care convened by the British Paediatric Association
   2     called "The Care of Critically Ill Children". That was
   3     published in 1993, was it not?
   4   A. Yes.
   5   Q. You were a member of the Working Party which drew up
   6     that report?
   7   A. Yes.
   8   Q. The terms of reference for that document we see at
   9     WIT 60/63. The Panel will see the terms of reference.
  10        Can we then go to page 68? These were the
  11     limitations on the position as at 1993, as the Working
  12     Party saw it. One of them, (v), was that:
  13        "Children's wards may be located at some distance
  14     from other departments in the hospital and in the event
  15     of an acute emergency immediate availability of
  16     anaesthetic and other appropriate help cannot always be
  17     guaranteed.
  18        "(iii) Appropriate management of critically ill
  19     children cannot be extrapolated from knowledge of the
  20     care of acutely ill adults or of less acutely ill
  21     children."
  22        We have heard already this morning it is the view
  23     of some at least that the practice of a paediatric
  24     cardiac surgeon is a very different job from the
  25     practice of an adult cardiac surgeon. They are two
0158
   1     different types of work entirely. Would it be fair to
   2     say that the Working Party was of a view that paediatric
   3     intensive care as opposed to adult intensive care were
   4     similarly different jobs?
   5   A. Yes.
   6   Q. That is really the key point, that organisations like
   7     the Paediatric Intensive Care Society have been pushing
   8     over the last 10 years with some success?
   9   A. Yes.
  10   Q. If we pick up page 67, we have the levels of dependency
  11     set out. We saw those already. It is the same levels
  12     of dependency. With that in mind, can I go to page 184
  13     of the same -- it is a different document, WIT 60/184.
  14     If we blow up the table, and paragraph 68, this shows
  15     that most children needing intensive care at level 2 or
  16     above are very young. The age profile we see set out,
  17     and we see the bar chart:
  18        "The age distribution of critically ill children
  19     raises questions about the appropriateness of providing
  20     paediatric intensive care on a general (adult) intensive
  21     care unit."
  22        We see from the bar chart that the majority of
  23     children admitted to paediatric intensive care units are
  24     less than one year old?
  25   A. Yes.
0159
   1   Q. So that merely emphasises, does it not, that not only
   2     are children's intensive care units different from adult
   3     intensive care units, but they are dealing with the very
   4     youngest of children?
   5   A. Yes.
   6   Q. So that passage is, as it were, grist to the mill of the
   7     Working Party report at page 68 that we have just looked
   8     at?
   9   A. Yes.
  10   Q. Page 99, please. We are still in the 1993 Working Party
  11     report again. Towards the bottom half of the page:
  12        "Adult intensive care units". The last sentence:
  13        "The lack of staff with paediatric qualifications
  14     was recognised by several units".
  15        I should say, there was a survey carried out by
  16     the Working Party, was there not.
  17        "The lack of staff with paediatric qualifications
  18     was recognised by several units as an unsafe practice,
  19     particularly when very young children need nursing. The
  20     results of the main survey confirm that a shortage of
  21     registered sick children's nurses in adult intensive
  22     care units is widespread."
  23   A. Yes.
  24   Q. "Unsafe" is a strong word to use. In what way was it
  25     unsafe?
0160
   1   A. In several ways. From the medical aspects, having good
   2     paediatric airway skills and knowing how to manage
   3     critically ill children who are often very small and who
   4     have very different physiology from adult patients, and
   5     nurses recognising the same sort of issues, you know,
   6     knowing about paediatric intensive care in children who
   7     are critically ill and very unstable, is something that
   8     you cannot just extrapolate from adult practice, and you
   9     need a throughput of continued experience to recognise
  10     potential problems before they have evolved into more
  11     major problems. For instance, recognising that an
  12     endotracheal tube is block by secretions and avoiding
  13     action, that is just one example of something that is
  14     something that can occur very easily because of the size
  15     and the area of these tubes, which would be much less of
  16     a problem, much less of an issue with an adult-sized
  17     patient.
  18   Q. Let us look at the bottom of the page, the last
  19     paragraph we have there. The last sentence:
  20        "A split site hospital with paediatricians and the
  21     adult intensive care unit on separate sites also
  22     reported problems with medical cover."
  23        We know that through the majority, indeed, all of
  24     the Inquiry's period, the arrangement for cardiac
  25     surgery for children in Bristol, was that the surgery
0161
   1     was carried out at the Bristol Royal Infirmary, which
   2     was in essence an adult hospital.
   3   A. Yes.
   4   Q. That the cardiologists were at the Bristol Children's
   5     Hospital, which was, not surprisingly, a children's
   6     hospital and that after surgery, the patients were taken
   7     into the Intensive Care Unit at the Bristol Royal
   8     Infirmary, which catered for adults and children and
   9     that the children might then have been returned later to
  10     the Intensive Care Unit at the Children's Hospital, but
  11     not necessarily.
  12   A. Yes.
  13   Q. So we have the cardiologist on the one side and the
  14     surgeons on another.
  15        How common, or, by contrast, unique, was that
  16     arrangement through the 1980s and early 1990s, as far as
  17     you are aware?
  18   A. I cannot think of another unit where the cardiologist
  19     and cardiothoracic work were in a different site. I can
  20     think of several units, that there were separate
  21     cardiothoracic sites, but they were together, in effect,
  22     so I am not able to think of one.
  23   Q. So there might be a site where the cardiothoracic people
  24     were all together, but the surgeons and the
  25     cardiologists would be together in that place. But as
0162
   1     far as you were aware at Bristol, the Bristol setup was
   2     unique in not having the cardiologists in the same
   3     building as the cardiac surgeons?
   4   A. Yes.
   5   Q. How worrying would that structure have been if you had
   6     been working in such a place?
   7   A. I find it very worrying, because you need somebody to
   8     consult very rapidly. I know that the geography of the
   9     Royal Infirmary and the Bristol Children's Hospital is
  10     not across town, but even so, I think I would find it
  11     very difficult in working practice to try and work and
  12     do justice to both sides.
  13   Q. In the context of some hospitals being, for example,
  14     concerned that the Intensive Care Unit was not on the
  15     same floor of the building as the theatre and the need
  16     to care for the very sick patient in the lift going up
  17     one floor, then any type of journey outside of one
  18     building to go to another building would be much more of
  19     a concern than moving even within one building,
  20     obviously?
  21   A. Very much so, and also the concept of moving children
  22     from one hospital to another following surgery at some
  23     stage in their post-operative management, when they may
  24     be in an unstable state without it being a necessary
  25     thing. I am not talking about children who are
0163
   1     critically ill being transferred between hospitals, but
   2     in a post-operative state, to have to move a child in
   3     this circumstance would be not one we would think was
   4     good practice.
   5   Q. You were a member of this Working Party, as we have
   6     discussed?
   7   A. Yes.
   8   Q. Do you remember if the split site hospital referred to
   9     at the bottom of the page was Bristol?
  10   A. I do not remember at all. I do not have any
  11     recollection as to which hospital it was.
  12   Q. If we just go back one page to page 98, please, this is
  13     a table showing the regional distribution of paediatric
  14     intensive care beds in both 1991 and 1993.
  15        Halfway down the page, we have South Western, the
  16     region we are in currently.
  17   A. Yes.
  18   Q. There were seven intensive care beds in a single unit in
  19     1991, the same number in 1993, and we see in the note at
  20     the foot of the table, please, if we can scroll down,
  21     the relevant footnote is the third one:
  22        "In 1992, 61/267 admissions to the paediatric
  23     intensive care unit in Bristol" -- that would be at the
  24     Children's Hospital?
  25   A. Yes.
0164
   1   Q. "23 per cent, were from outside the South Western
   2     region, predominantly from ... Wessex and Wales. The
   3     effective number of PICU beds available for the region
   4     is therefore 5.4 (i.e. 77 per cent of 7) which equates
   5     to 1 bed for every 124,000 children?
   6   A. Yes.
   7   Q. This working party recommended, did it not, that the
   8     ratio should be one bed for every 48,000 children. We
   9     see that at page 75.
  10   A. Yes.
  11   Q. So the Working Party was taking the trouble to draw
  12     attention in the footnote to the fact that the South
  13     Western region was more badly off than the bald figure
  14     in the table would suggest?
  15   A. Yes.
  16   Q. Because of the influence of the infill from Wessex and
  17     from Wales?
  18   A. Yes.
  19   Q. And that is because, presumably, the Working Party
  20     considered that South Western was, indeed, badly served
  21     by paediatric intensive care beds?
  22   A. Yes.
  23   Q. It is right, is it not, that this Working Party report
  24     in 1993 was received rather lukewarmly by the National
  25     Health Service as a whole when it received it, by the
0165
   1     organisation I mentioned, the NHS centre for reviews and
   2     dissemination; is that right?
   3   A. Yes.
   4   Q. What was the reaction to the Working Party report?
   5   A. In essence, it said it was not based on the Health
   6     Service's research and it was a document that was --
   7     I think you could read the statement, that it is not
   8     based on rigorous scientific Health Service research and
   9     therefore, although it has good ideas, it cannot be used
  10     as a template for changing the service.
  11   Q. Tell me if this is unfair: would it be a fair
  12     characterisation to say that the reaction was that the
  13     Working Party report was a wish list?
  14   A. Yes. I think they actually wrote that in the document,
  15     that it was.
  16   Q. And then something happened, did it not, to lead to the
  17     setting up of a further Working Party looking at
  18     paediatric intensive care?
  19   A. Yes. There was the tragedy of a child in the North West
  20     who could not get access to paediatric intensive care,
  21     and ended up going to three separate units, and this
  22     triggered an Inquiry into the death of Nicholas Geldhard
  23     and the subsequent report to the Secretary of State
  24     triggered the national coordinating group which
  25     published the document "A Framework for the Future".
0166
   1   Q. Pausing there, what had happened, therefore, was that
   2     a child had ended up out of region by the time he
   3     arrived at a hospital which did have an intensive care
   4     bed which would have cared for him; he unfortunately
   5     died?
   6   A. I think that is slightly -- in terms of being actually
   7     correct, they had no facilities to scan the child at the
   8     local hospital. They moved the child for a scan. They
   9     had not been able to find a paediatric intensive care
  10     bed. They moved the child for a scan. They knew the
  11     child was irretrievable, even at that hospital, which
  12     was an adult neurosurgical hospital and general
  13     hospital, and therefore moved the child across region to
  14     a paediatric intensive care unit, outside the region.
  15   Q. That led in the end, as you have said, to the national
  16     co-ordinating group on the provision of paediatric
  17     intensive care, and you were a member of that group?
  18   A. Yes.
  19   Q. Can we have page 150, please, WIT 60/150? That is the
  20     report, is it not?
  21   A. Yes.
  22   Q. The action plan, the framework for the future?
  23   A. Yes.
  24   Q. And that was published in July 1997?
  25   A. Yes.
0167
   1   Q. Outside of the Inquiry's period. The terms of reference
   2     are at page 158, if we could just have that, please, the
   3     bottom of the page, paragraph 3. Those are the terms of
   4     reference. They carried on, I think, over the page.
   5     This report was to be read in conjunction with a sister
   6     report published by the Chief Nursing Officer's Task
   7     Force which looked at the nurse staffing and training
   8     issues for paediatric intensive care?
   9   A. Yes.
  10   Q. I do not want to go into much of this report, because it
  11     is outside our period, but it does bring us up to date.
  12        Page 160. I think we might here, if I have
  13     understood your evidence, have really captured the
  14     essence of what you are telling us in paragraph 9:
  15        "Children are not adults scaled down in size.
  16     Their relative immaturity in all respects,
  17     physiological, anatomical, functional, developmental and
  18     psychological, creates greater vulnerability to
  19     a variety of adverse influences and they should be
  20     looked after by specifically trained staff familiar with
  21     the changes characteristic of each stage of
  22     development ..."
  23   A. Yes.
  24   Q. Is that really, in a paragraph, the rest of the
  25     paragraph continues, the essence of what you are telling
0168
   1     the Panel?
   2   A. Yes.
   3   Q. And it is right, is it not, that this action plan, in
   4     essence, takes up the theme of the 1993 Working Party
   5     report that we have looked at?
   6   A. Yes.
   7   Q. Which had initially been received in that lukewarm
   8     fashion you described?
   9   A. Yes.
  10   Q. And this report, the action plan, does not itself cover
  11     neonatal intensive care. That was still seen as being
  12     separate?
  13   A. Yes.
  14   Q. If we go to page 165, please, that is the geographical
  15     spread of paediatric intensive care. It is slightly
  16     misleading, is it not, for our purposes, because there
  17     is a paediatric intensive care unit in Cardiff, so that
  18     Wales is not shown on this map, but there is one in
  19     Cardiff.
  20   A. It is actually really at that stage a paediatric cardiac
  21     one, but not a general one. It was a small unit, the
  22     General seemed to be managed on a general Intensive Care
  23     Unit.
  24   Q. To capture the essence of what is suggested by this
  25     action plan, which comes from the National Health
0169
   1     Executive, finally, could we have page 189, please?
   2        This approach divides hospitals into four
   3     different categories: there is the district general
   4     hospital, the large lead centre, the major acute general
   5     hospital and the specialist unit. The Panel can see how
   6     that is described. There is a helpful diagram at page
   7     190 which shows how it is going to work.
   8        This action plan is being implemented?
   9   A. Yes.
  10   Q. Would it be right that the Paediatric Intensive Care
  11     Society was happy and content with the content of this
  12     action plan, to the extent that it picked up the themes
  13     of the Working Party report from 1993?
  14   A. Yes. I think that that is true to say.
  15   Q. But that is because --
  16   A. But also to say that the Paediatric Intensive Care
  17     Standards document was taken as a major source of
  18     reference and input into this document described.
  19   Q. I rather skated over the 1996 version of the standards.
  20   A. Yes.
  21   MR MACLEAN: Does the Panel have any questions for
  22     Dr Ratcliffe?
  23             Examined by THE PANEL:
  24   PROFESSOR JARMAN: I just wanted to ask the questions
  25     I asked the cardiologists today, whether your Society
0170
   1     had discussed what happened at Bristol at all?
   2   A. It has discussed it in an informal way, but not in
   3     a detailed way.
   4   Q. Did it discuss it at the time when there was all the
   5     publicity and so on?
   6   A. Within the Council, it was discussed, it was not
   7     discussed in a way that one would formalise it and say
   8     what was happening, but, you know, it was felt that some
   9     of what we had been saying for many, many years was
  10     borne out by what seemed to have happened in Bristol.
  11   PROFESSOR JARMAN: Thank you very much.
  12   MR MACLEAN: Dr Ratcliffe, I am conscious that there are one
  13     or two important areas that we have not covered. If
  14     I may mention one, that is the issue of training. I did
  15     mention at the very beginning that although you are here
  16     today wearing your hat, as it were, as the recent
  17     Honorary Secretary of the Paediatric Intensive Care
  18     Society, you are also currently the Chairman of the
  19     Intercollegiate Committee for Training in Paediatric
  20     Intensive Care Medicine?
  21   A. Yes.
  22   Q. Training is an issue which the Inquiry recognises as
  23     being important and we intend to spend some time dealing
  24     with that later this year.
  25   A. Yes.
0171
   1   Q. It may well be that we will want to hear from you,
   2     certainly in writing, dealing specifically with
   3     training, wearing that hat, later on.
   4        I hope you feel that we are not skating over
   5     that. We recognise that it is important.
   6        If there is anything else arising out of today's
   7     evidence, areas that we have covered, that you feel
   8     I have not covered in sufficient depth, then by all
   9     means set it out in writing and submit it to us and the
  10     Panel will of course read that.
  11        Unless there is anything else you would wish to
  12     add at this stage, that is all I have to ask you for
  13     now, thank you very much.
  14   THE CHAIRMAN: Dr Ratcliffe, is there anything you would
  15     like to add?
  16   DR RATCLIFFE: I think the contents of this document,
  17     really, are quite pertinent to the NHS Centre for
  18     Reviews Dissemination. The structure and the report's
  19     commission, because they give a view both in Australia
  20     where they have a very centralised service and the view
  21     from Leeds, but there is broad support from the thrust
  22     of the Multidisciplinary Working Party document, but
  23     looking from a slightly different perspective.
  24   THE CHAIRMAN: You are referring to the document produced by
  25     the University of York which has been made available to
0172
   1     us.
   2   DR RATCLIFFE: Yes.
   3   THE CHAIRMAN: Thank you very much.
   4   MR MACLEAN: We will scan that document into the database
   5     and the Panel will have all of that document provided to
   6     us.
   7   THE CHAIRMAN: It must be made available generally.
   8        Dr Ratcliffe, your evidence is and has been of
   9     great assistance to us. I was therefore particularly
  10     grateful, when Mr Maclean drew our attention to the
  11     time, that he emphasised the fact that it was clear we
  12     must give your evidence the value it deserved, the care
  13     it deserved and I hope you feel we have done so. I echo
  14     what he said about it. If after today you think there
  15     are other things he did not ask, or that we have failed
  16     to ask you that you would like to remind us of, please
  17     do so.
  18        I also echo the fact that we are clearly not,
  19     today, taking on the issue of training, but it is on our
  20     agenda, and it is clear that we will have to come back
  21     to you for some advice probably in writing, but maybe in
  22     another form.
  23        For today, may I again say thank you very much for
  24     coming and talking to us.
  25        If you would like to sit there for just a second,
0173
   1     we will all leave together.
   2   MR LANGSTAFF: Sir, that is it for today and this week. On
   3     Monday we intend and hope to hear from Doctors Lawler
   4     and Jones.
   5   THE CHAIRMAN: I am grateful to you, Mr Langstaff, so we
   6     meet again on Monday at 10.30.
   7   MR LANGSTAFF: At 10.30.
   8   (2.55 pm)
   9     (Adjourned until Monday, 29th March, 1999 at 10.30 am)
  10
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0174
   1
   2                I N D E X
   3
   4
   5     DR ROBERT HOWARD SWANTON (Sworn)...................... 1
   6     Examined by MR MACLEAN................................ 1
   7     Examined by THE PANEL................................ 51
   8
   9     DR MICHAEL GODMAN (Sworn)............................ 57
  10     Examined by MR LANGSTAFF............................. 57
  11     Examined by THE PANEL............................... 123
  12
  13     DR JANE RATCLIFFE (Sworn)........................... 129
  14     Examined by MR MACLEAN.............................. 129
  15     Examined by THE PANEL............................... 170
  16
  

Published by the Bristol Royal Infirmary Inquiry, July 2001
© Crown Copyright 2001