Thursday, April 29, 2021

Discredited pathologist Michael Heath: U.K. "A Bereaved family's distress after a post-mortem by the discredited pathologist made them think they'd buried wrong body," SurreyLive (Multimedia Reporter Emma Pengelly) reports..."Relatives are now asking how Dr Michael Heath was able to carry out the work, on behalf of the Surrey Coroner's Office, despite previous questions over the reliability of his evidence leading to two murder convictions being quashed. In 2009 the General Medical Council (GMC) found Dr Heath guilty of serious misconduct, but ruled his fitness to practise was not impaired. He could continue making reports as a registered doctor, including on behalf of the Surrey coroner, although Surrey County Council would not reveal the extent of his work there when asked by SurreyLive."


PUBLISHER'S NOTE: So many questions swirl around discredited  British pathologist Michael Heath. But most of all,  how to undo the harm he has caused to individuals  who wrongly convicted  because of the role he played in their cases - (identifying all of  these cases would be a good start) - and secondly, why has the British government  (and the medical profession's regular) never forcefully intervened to stop him in his tracks. Similar questions, and many more)  are at the heart of the tragic discredited  pathologist Charles Smith saga in Canada, as illustrated in this Blog, and currently swirling around Colin Manock in Australia (South Australia's discredited former Chief Forensic Pathologist), who was responsible for the notorious wrongful convictions and imprisonments  of Henry Keogh, Derek Bromley  and all too many others.  Smith; Manock; Heath: A notorious trio indeed.

Harold Levy; Publisher: The Charles Smith Blog.

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PASSAGE OF THE DAY: "The post-mortem exam was carried out by Dr Heath in August 2020 but according to Alistair the report, seen by SurreyLive, did not match his mother's clinical history, and identified an organ they knew had been removed years ago. "When we first read the report, it is fair to say we really questioned if it was the right body that the post-mortem took place on, to the point that we questioned 'have we put the right body to rest?'," he said. Alistair explained he found "significant" errors. Adding: "There [was a body part] notified on the post-mortem report that my mother had had removed. "There were statements made about the physical fitness of her; she was less than 50kg when she passed and the individual [Dr Heath] made a comment about her body being well nourished. "She was originally hospitalised for a perforated gastric ulcer, and there were comments made that there was no sign of any surgical intervention on the stomach, but she had a gastric bypass in 2013 and also had her gallbladder removed in 2016 and there was reference made to a healthy gallbladder on the post-mortem report.”


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PASSAGE TWO OF THE DAY: "Dr Heath has reportedly carried out numerous examinations in high-profile cases over the years, including on Stuart Lubbock who was found dead in TV personality Michael Barrymore's pool in Roydon, Essex, in 2001. He claimed Mr Lubbock had drowned, but The Telegraph reports this led to police not searching Mr Barrymore's home for a number of weeks. In 2006 the Home Office Advisory Board found Dr Heath bungled post-mortem examinations of two women, leading to their partners being accused of murder. Steven Puaca was jailed in 2002 for killing Jacqueline Tindsley. But his conviction was quashed in November 2005 at an appeal in which the court heard there was not enough evidence to support Dr Heath's conclusion she had died of asphyxia. Kenneth Fraser, accused of murdering Mary Anne Moore, was cleared in 2002 by a jury at a trial. Dr Heath said her death was not caused by falling down stairs but by impact with a sharp object, contrary to four other pathologists, according to The Telegraph."


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STORY: "Bereaved family's distress after post-mortem by discredited pathologist made them think they'd buried wrong body," by Reporter Emma Pengelly, published by SurreyLive on April 9, 2021.

SUB-HEADING: "(Heath) had previously faced questions over the reliability of his evidence in relation to the death of Stuart Lubbock at Michael Barrymore's house."

PHOTO CAPTION: "(Heath)  carried our Ann House's  post-mortem examination but her family says  the report contained significant inaccuracies."

GIST: "A bereaved family worried they had laid the wrong body to rest due to errors in a post-mortem report compiled by a discredited pathologist.


Relatives are now asking how Dr Michael Heath was able to carry out the work, on behalf of the Surrey Coroner's Office, despite previous questions over the reliability of his evidence leading to two murder convictions being quashed.


In 2009 the General Medical Council (GMC) found Dr Heath guilty of serious misconduct, but ruled his fitness to practise was not impaired.


He could continue making reports as a registered doctor, including on behalf of the Surrey coroner, although Surrey County Council would not reveal the extent of his work there when asked by SurreyLive.


On March 10, 2021, Dr Heath had restrictions imposed upon his GMC registration, including that he must only work on reports of his previous examinations, as fresh complaints saw him referred to an interim orders tribunal with the Medical Practitioners Tribunal Service.


The GMC could not confirm they relate to the Surrey post-mortem exam, but did say they are serious enough that the doctor could pose a threat to patients or the public.


Surrey County Council has since "paused" Dr Heath's work for the coroner. But Alistair House, from Salfords, is questioning how the pathologist was able to work on their behalf in the first place.


He said his family was put through "significant" distress due to mistakes Dr Heath made in a post-mortem report of his mother, Ann House.


Alistair, 49, said: "My main concern is this individual has this track record of significant issues yet he is still able to carry on. If I have identified these mistakes, how many other ones has he made?"


A pathologist plays a crucial role in a coroner's investigation. Their report forms part of the evidence a coroner will consider when making a finding or conclusion, and is used to help them establish the cause of death.


Alistair's mother, Ann House, a former social worker at Surrey County Council, was admitted to East Surrey Hospital in May 2020 suffering from shortness of breath, but sadly died there a matter of months later on August 10, aged 74, following an attempt at rehabilitation at Caterham Dene Hospital and subsequent readmission to East Surrey.


Alistair had concerns as to the events leading to her death, so the case was referred to Surrey's coroner's office.


The post-mortem exam was carried out by Dr Heath in August 2020 but according to Alistair the report, seen by SurreyLive, did not match his mother's clinical history, and identified an organ they knew had been removed years ago.



"When we first read the report, it is fair to say we really questioned if it was the right body that the post-mortem took place on, to the point that we questioned 'have we put the right body to rest?'," he said.


Alistair explained he found "significant" errors. Adding: "There [was a body part] notified on the post-mortem report that my mother had had removed.


"There were statements made about the physical fitness of her; she was less than 50kg when she passed and the individual [Dr Heath] made a comment about her body being well nourished.


"She was originally hospitalised for a perforated gastric ulcer, and there were comments made that there was no sign of any surgical intervention on the stomach, but she had a gastric bypass in 2013 and also had her gallbladder removed in 2016 and there was reference made to a healthy gallbladder on the post-mortem report.”


Within the findings of the coroner's investigation into Mrs House's death, also seen by SurreyLive, the coroner acknowledged there were "inaccuracies" contained in Dr Heath's post-mortem report.


In a statement issued by Dr Heath after the discrepancies were raised, again seen by SurreyLive, he admits that he incorrectly stated that he'd seen a gallbladder. Dr Heath wrote: "Because of the complicated surgery in this case, what I observed was clearly not the gallbladder. The important aspect of this error is that it was not a contributing factor in the cause of death."


However, the coroner reassured the family that she was satisfied the body was that of Mrs House. The coroner also accepted the most likely cause of death was natural causes, chiefly from bronchopneumonia, which was the cause put forward by the pathologist.


Surrey County Council did not comment when asked what systems are in place to monitor the quality of work being delivered by pathologists working for the coroner.


A spokesperson on behalf of the council and coroner's service instead said: "We apologise to Mrs House's family for any distress and we send our condolences.


"Pathologists are not employed by the council, they are independent experts instructed by the coroner which is a judicial decision.


"Dr Heath is still a practising pathologist licensed by the GMC. In this case, the inaccuracies described did not impact the outcome of the post-mortem examination (cause of death).

"The coroner is committed to running a high quality service and inaccuracies are not acceptable. The coroner has previously apologised to Mrs House's family."


Dr Heath's work for the Surrey coroner has been "paused until the complaint has been resolved", a council spokesperson said.


Tributes to compassionate and caring mother:


Mrs House devoted 50 years of her life to caring for children and young adults who, for whatever reason, found themselves in need.


She worked for Surrey County Council social services for more than 30 years, providing care and support to children who had been taken into care, supporting families through the fostering and adoption process, working in a residential children's home and caring for children who hadn't had the best start in life.


Remembering his mother fondly, Alistair said: "Since her death we have received numerous messages from those she helped endorsing my mother's care, compassion and how she made a positive impact to so many children and young adults' lives.


"Comments such as – 'I just wanted you to know your mum saved my life, without her coming into my world I don't know what would have happened. She also helped me through my mum's death years later. She was my hero as I'm sure she was for many other people'.

"And, 'you gave so much to so many and you made this world a better place to be. Thank you for everything. I will love and miss you forever’."


High-profile cases:


Dr Heath has reportedly carried out numerous examinations in high-profile cases over the years, including on Stuart Lubbock who was found dead in TV personality Michael Barrymore's pool in Roydon, Essex, in 2001.


He claimed Mr Lubbock had drowned, but The Telegraph reports this led to police not searching Mr Barrymore's home for a number of weeks.


In 2006 the Home Office Advisory Board found Dr Heath bungled post-mortem examinations of two women, leading to their partners being accused of murder.


Steven Puaca was jailed in 2002 for killing Jacqueline Tindsley. But his conviction was quashed in November 2005 at an appeal in which the court heard there was not enough evidence to support Dr Heath's conclusion she had died of asphyxia.


Kenneth Fraser, accused of murdering Mary Anne Moore, was cleared in 2002 by a jury at a trial. Dr Heath said her death was not caused by falling down stairs but by impact with a sharp object, contrary to four other pathologists, according to The Telegraph.


In 2009, a GMC hearing found him guilty of serious misconduct but found his fitness to practise was not affected. The GMC could not provide details of this earlier hearing when SurreyLive requested them.


Restrictions now put in place"


On March 10 of this year, seven interim conditions were imposed on Dr Heath's register with the GMC. They include that he must work only on reports of his previous examinations, he must be supervised in all of his posts by a clinical supervisor and he must get the approval of the GMC before starting work in a non-NHS post or setting. Dr Heath, although under investigation, remains GMC registered with a licence to practise, subject to the conditions.


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It is unclear when the outcome of the investigation will be known, but the GMC suggested it would be several months rather than weeks.


The interim restrictions to which Dr Heath is currently subject are reviewed at least every six months and can be removed or amended if required.

SurreyLive made extensive attempts to approach Dr Heath for comment but received no reply.


The entire story can be read at:


https://www.getsurrey.co.uk/news/surrey-news/bereaved-familys-distress-after-post-20303947

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog;
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FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they’ve exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;