Posts Tagged ‘Libel’

Can’t face talking about the election or Katie Price

By Bob Bury - 18th April 2010 7:18 pm

Given my topic last week, I suppose I should be rejoicing that the British Chiropractic Association have ‘discontinued’ their libel suit against Simon Singh (i.e. bottled it and slunk away with their tails between their legs), but let’s wait a couple of weeks until the costs are awarded, and then have a really good old chuckle at their expense (literally, I hope).

I could talk about the election - everyone else is. But what’s to say? None of the politicos seem to understand the first thing about healthcare delivery, but given that the NHS is likely to be sold off piecemeal to the highest bidders no matter who wins, you might be tempted to reassure yourself that at least the Tories understand the private sector better than nulabour.

Then, of course, you remember that it was Ken Clarke who came up with the idea of the ‘internal market’ in healthcare in the first place, having completely failed to grasp the fact that healthcare is different from white goods and mobile phones. Competition works in the high street because there are more 42” plasma screens than there are people wanting 42” plasma screens. In the healthcare ‘market’ on the other hand, there are more people who either are sick or think they might be than there are GP and outpatient slots or hospital beds. Consequently, even the rubbish hospitals maintain a steady flow of the halt and lame, while their managers are quietly moved sideways, with their performance-related pay and pensions intact (a bit like that Fred Goodwin at RBS, so I suppose that’s at least one way in which the NHS resembles the commercial sector).

Where improvements do occur, it’s because people want to do a better job, not because they’re worried St Judes will get all their patients.

So I won’t talk about the election either. Which just leaves me (or Katie Price, but let’s talk about me). You’ll be relieved to hear that I did manage to get my lawnmower working, with only the bare minimum of heavy-duty swearing and bloodshed, and this weekend, we’re looking at retirement houses. There doesn’t seem to be much on the market in North Yorkshire, our destination of choice, and I have to persuade the current Mrs Dr B that a six bedroom, three bathroom house with a paddock does not constitute ‘downsizing’. The other problem is that we’ve just seen the estate agent’s brochure for the house we’ve lived in for the past 20 plus years, and it seems like exactly the sort of thing we’re looking for.

Why is everything so difficult?

Let’s keep pressing for libel reform

By Bob Bury - 11th April 2010 11:30 am

The good news, as you will have seen elsewhere on Hospital Dr, is that the Appeal Court judgement on Simon Singh’s libel case was every bit as favourable as had seemed likely from the distinguished judges’ comments at the end of his appeal. But of course, this isn’t the end of the affair.

It just means that Singh can use the ‘fair comment’ defence when he eventually comes to trial in the controversial libel case brought against him by the British Chiropractic Association. Their lordships gave a right pasting to Mr Justice Eady, who had found against Singh in the initial hearing, which was nice, but as the journalist said, it has so far cost him £200,000 just to “define the meaning of a few words”.

One good outcome of the publicity surrounding the Singh case, and others like it, is that all three main parties claim to be committed to reform of the libel laws. However, we know that saying and doing are not the same thing in politics, so we need to keep the pressure on. If you haven’t already signed the petition for libel law reform, and almost 50,000 of us have, please think about doing it now, and consider asking your colleagues and friends to do the same. The last concerted attempt to boost signatures resulted in a doubling of numbers, and 100,000 names would hopefully ensure that libel law reform at least makes it into the election manifestos.

The BCA have responded to challenges to produce evidence supporting their claims for chiropractic’s efficacy in treating conditions such as infantile colic, and they may yet come to wish that they had done this in the first place, rather than throwing money at m’learned friends. The results have been fairly predictable (you will need to register for this site, but it’s worth the two minutes it takes). Incidentally, and somewhat surprisingly, it turns out that Hitler was a chiropractor.

Anyway, I see that the sun has come out, and after a week of continuous sodding rain in Cornwall, I intend to get out into the garden and make the most of it. The only downside is that this will involve getting the lawnmower out for the first time since I put it away last October, clogged with wet grass and bits of dismembered frog. Yes, I do know that I should take it to bits, drain the petrol tank, lightly grease the nipples and flange retractors and then wrap it in dry sacking before the winter. There are probably even some people around who do that, but you wouldn’t want your daughter marrying one of them, would you?

It won’t start of course. It will be the Christmas tree lights all over again.

Science writer Simon Singh wins libel appeal

BBC Health - 1st April 2010 12:19 pm

A science writer has won the right to rely on the defence of fair comment in a libel action, in a landmark ruling at the Court of Appeal.

Simon Singh was accused of libel by the British Chiropractic Association over an article in The Guardian in 2008.

Dr Singh questioned the claims of some chiropractors over the treatment of certain childhood conditions.

The High Court had said the words were fact not opinion - meaning Dr Singh could not use the fair comment defence.

However, the Lord Chief Justice Lord Judge, Master of the Rolls Lord Neuberger and Lord Justice Sedley ruled High Court judge Mr Justice Eady had “erred in his approach” last May, and allowed Dr Singh’s appeal.

BBC News science correspondent Pallab Ghosh says that, had Justice Eady’s ruling stood, it would have made it difficult for any scientist or science journalist to question claims made by companies or organisations without opening themselves up to a libel action that would be hard to win.

Dr Singh described the ruling as “brilliant”, but added that the action had cost £200,000 “just to define the meaning of a few words”.

Read more at BBC Health.

I want to look like a South American dictator

By Bob Bury - 8th March 2010 1:22 pm

We’ve had quite a few retirements at work recently, and several colleagues have slipped away quietly into the darkness, saying that they “didn’t want any fuss”.

Well, blow that! It’s my turn soon and I want it clearly understood that I shall expect a great deal of fuss when I go.

I want to see strong men in tears, and women wailing, gnashing their teeth and (hopefully) rending their garments in good Biblical fashion. I want the biggest display of public grief since Princess Di bought it (but without the flowers - I don’t want all those flowers). A present would be nice, too. I shall place a list with Harvey Nicks.

It’s surprising how much more bearable work is, once you can see an end in sight, largely because you can ignore any ‘initiative’ (don’t you just hate initiatives?) with a timescale longer than six months, and smile serenely as threats are made to cap pensions, abolish merit awards (sorry, CEAs) or introduce uniforms for consultants.

OK, I made the last one up, but I’ve never had a problem with uniforms, largely due to the 16 years I spent in the RAF Medical Branch, and I’ve always thought it would be a good idea for doctors to wear them. At least patients would know who we were, and we could make sure that all those over-promoted ‘nurse consultants’ with stethoscopes ostentatiously draped around their necks could be clearly differentiated from proper consultants by the colour of their uniforms (they’d have muddy brown, we would have nice red ones, with gold piping and those big gold epaulettes like South American dictators, or commissionaires at the Odeon).

Still, it’s too late for me now. I’ll have to serve out my time tieless and ‘bare below the elbow’ (which, if you think about it, means that you should also be bare below the waist, unless you have unduly long arms; not something I’d like to inflict on patients or colleagues, come to that).

Incidentally, in an earlier blog I talked about Henrik Thomsen, the Danish radiologist who was being sued for libel by GE Healthcare. That case has been settled out of court, and I assume it will have been a condition that Henrik says nothing more about it in public. And that, of course, is the problem with the libel law as it currently stands - victims, or should I say defendants, can’t afford to take their case to the judges if their accuser offers an out of court settlement which is anything less than ruinous. I just hope that GE realised that they had slipped up by pressing the case, and accepted nominal damages.

Simon Singh, on the other hand, did have his day in court recently, and it seems to have gone well. However, it is not unknown for judges to sound sympathetic, and then deliver a contrary verdict, so we have to wait, hopefully not too long, for the outcome. 

First they came for the outspoken doctors…

By Bob Bury - 11th January 2010 2:53 pm

You know that poem that starts ‘First they came for the communists, and I did not speak out because I was not a communist’ and ends with ‘Then they came for me and there was no one left to speak out’? Well, I’m feeling a bit like that.

I don’t know if you’ve been following the Simon Singh libel case, but this link to the excellent Sense About Science site will give the background to Simon’s problems with the chiropractors.

And having come for Simon, they came next for Dr Peter Wilmshurst. He was involved in a trial to test whether closing atrial septal defects using a device manufactured by the American company NMT Medical would reduce the incidence of migraine. The results of the trial were negative, and Dr Wilmshurst suggested several ideas to explain the findings, as a result of which he is now being sued by NMT.

Note that an American company are suing him in an English court, for a libel allegedly perpetrated in Washington. That’s because their chances of success in an American court would be significantly less, and because any settlement in an English court will be two orders of magnitude greater than in the States.

And then they came for me. Well, not me exactly, but as someone who edits a radiology journal, it’s getting uncomfortably close to home. They (General Electric Healthcare in this case) actually came for Dr Henrik Thomsen. He now faces financial ruin as a result of remarks made to a small number of radiologists at a meeting in an Oxford hotel, as outlined in this recent Sunday Times story.

In addition to selling MRI contrast media, GE are one of the big three or four manufacturers of imaging equipment, and decisions on which CT, MR or PET/CT scanner to purchase are frequently very finely balanced, being swayed by such apparently minor factors as a recent bad experience with the servicing of existing equipment by a particular company.

However, GE have clearly decided that pursuing a radiologist for an alleged libel only heard by a handful of his contemporaries makes commercial sense, so we must assume that they consider Dr Thomsen’s remarks to be far more damaging than is suggested by media reports and the recollection of radiologists who were present at the meeting.

Still, the Sunday Times editorial was supportive, and it now looks as if the campaign to reform libel law is getting somewhere, with Jack Straw professing to see the need for change.

Something is badly wrong when researchers and editors are afraid to publish and comment on the results of research, just because the libel laws in this country favour the interests of big business over those of individual scientists.

Having read the background to this on the Sense About Science site, I hope as many of you as possible will follow the embedded link to sign the libel law reform petition.

Libel threats gag doctors, campaigners claim

By Francesca Robinson - 8th January 2010 6:49 pm

Libel law is being used to gag doctors from raising concerns about patient safety and to suppress research being published by medical journals.

That’s the view of campaigners who are trying to reform the UK libel laws, following concern over several high profile libel suits in the medical arena. 

Peter Wilmshurst, a consultant cardiologist at the Royal Shrewsbury Hospital, is being sued by an American company, NMT Medical, after he criticised research into a medical device they make called Starflex.

Simon Singh, a science writer is being sued by the British Chiropractic Association for describing some of their treatments as “bogus”.

Another victim is Henrik Thomsen, a Danish academic and radiologist who voiced concerns at a conference in Oxford about the contrast agent Omniscan, a product used to enhance images produced by MRI scans. The manufacturer GE Healthcare launched a libel suit after Thomsen, who is director of the department of diagnostic sciences at the University of Copenhagen, claimed kidney patients treated at his hospital developed a disorder called nephrogenic systematic fibrosis after undergoing routine scans.

Medical editors from the BMJ, BioMed Central and Wiley-Blackwell have also joined the campaign because they say they have been forced to reject some research papers for fear of being sued.

Scientists, broadcasters and human right activists are supporting the Libel Reform Coalition which has produced a report calling for cap on legal costs and damages and stronger public interest defences to libel.

A petition urging reform of libel laws was launched in December and has already attracted nearly 20,000 signatures.

Wilmshurst is fighting his case to establish his right to freedom of speech. “Libel laws are used to silence people but I can’t back down because I have an ethical responsibility not to say I am wrong because I am a doctor and this is research and it affects patients,” he said.

Edzard Ernst, Professor of Complementary Medicine at Exeter University, said the libel case against his friend and colleague Simon Singh highlighted how rich organisiatons could suppress the truth in healthcare. “That’s why I have been quoted as saying libel law can kill,” he said. 

Ernst, who has spent 17 years criticising chiropractors, said since the libel suit had been launched against Singh more than dozen of his articles submitted for publication in scientific journals had been rejected. “The papers have been scrutinised by lawyers and now I am not allowed to say what I wanted to say any more.”

A spokeswoman for the campaign group Sense About Science, a partner in the Libel Reform Campaign, said: “These threats of libel action are an enormous silent menace. The chilling effect of this threat is making doctors and science writers edit and censor themselves.”

Read a blog on this issue.

Cardiologist will fight libel case to defend free speech

The Times - 26th November 2009 10:35 am

A consultant who is being sued for libel after criticising an American company’s research has pledged to turn the action into a test case for freedom of speech.

Dr Peter Wilmshurst, a consultant cardiologist at the Royal Shrewsbury Hospital, said he aims to use a public-interest defence to fight the claim from NMT Medical and establish the principle that scientists may engage freely in academic debate.

He said he was prepared to risk losing his home to take the case to trial because victory would set a precedent protecting other scientists from “legal bullying”.

Wilmshurst said: “I have got a responsibility to fight this. There is a fundamental principle of science at stake here. People have to be free to challenge research.”

There is growing concern about the use of England’s draconian libel laws to stifle expert scrutiny of scientific evidence. Simon Singh, the science writer, has been sued for libel by the British Chiropractic Association over an article in which he questioned the evidence that spinal manipulation could treat childhood conditions such as asthma and colic.

A petition to keep libel laws out of science has been signed by nearly 19,000 supporters, including Lord Rees of Ludlow, the president of the Royal Society; Sir Mark Walport, the director of the Wellcome Trust; and Sir David King, a former government chief scientist.

Jack Straw, the Justice Secretary, who spoke to Dr Wilmshurst last week, said that he was preparing reforms to the libel laws. “What concerns me is that the current arrangements are being used by big corporations to restrict fair comment, not always by journalists but also by academics,” he said.

Wilmshurt’s case began with his involvement in a study of a medical device made by NMT called Starflex, designed to close a type of hole in the heart known as a patent foramen ovale (PFO). The study investigated Starflex as a potential treatment for migraine, which is significantly more common among people with a PFO, but failed to find benefits.

At a cardiology conference in Washington in 2007, Dr Wilmshurst criticised NMT in relation to the research. His comments were reported by Heartwire, a website, prompting NMT to sue him.

Read more at The Times.