Payoff for sacked cancer expert after patient given wrong radiation dose

A RADIOGRAPHER demoted from her job at Scotland's largest cancer centre, after a patient was given the wrong dose of radiation, has accepted a "substantial five figure sum" to settle her claim that she was unfairly constructively dismissed.

Alison Russell resigned from her post as a senior radiographer at the Beatson West of Scotland Cancer Centre in Glasgow after being made to take on a lower grade position following an incident in 2008 when a woman was given one wrong treatment of radiotherapy in a series of 35.

The mistake arose because two patients shared the same surname and staff failed to check the identity and date of birth of the woman properly before administering treatment.

Despite suffering from terminal lung cancer the patient was treated for gullet cancer and the mistake was only realised when the second woman showed up later that day. Ms Russell, who has 36 years experience in radiotherapy, was the senior radiographer on duty but always maintained she was not the individual who had failed to properly identify the patient.

In her case to an employment tribunal Ms Russell maintained the Beatson Cancer Centre did not have the right to demote her, which led to what was effectively a "constructive dismissal".

Last night Ms Russell's lawyer Alistair Cockburn, an employment law specialist at Morisons LLP Solicitors in Glasgow, said there had been an attempt to impose a "gagging order" on reporting what he described as a "landmark" settlement putting the spotlight on the NHS and the "pressure staff were under to provide numerous treatments in a single day."

"This is a landmark acknowledgement as it refutes the suggestion that anyone in a supervisory role within the NHS has to be held accountable for the actions of every single member of their team at every minute of the day," Mr Cockburn said.

"In a pressurised working environment like medicine, it is impossible for every decision taken by every member of staff to be supervised or double checked - the NHS would grind to a halt if that were the case.

"While Ms Russell feels terrible about what happened, she believes it was not fair that she alone was blamed for an isolated incident caused by another member of staff and the pressures that the NHS require staff to work under."

Mr Cockburn added the tribunal had been due to start on 11 October but the counsel for Ms Russell's former employers opened negotiations that day resulting in the case being resolved without evidence being given.

Ms Russell had previously been cleared by the Health Professional Council of misconduct and incompetence.

A spokeswoman for NHS Greater Glasgow and Clyde, said: "There is an on-going process involving this former member of staff. It would be inappropriate to comment."