ONE of Scotland’s top surgeons is being sued for what is believed to be a six-figure sum by the widow of a business leader who died days after an operation.
Scottish Enterprise secretary Brian Jamieson, a keen motor racer, died in 2010 after surgery at a private hospital to remove a tumour.
His widow Linda, 66, is taking legal action against Ian Finlay, regarded as one of the best bowel cancer surgeons in the world.
The amount of damages being sought has not yet been revealed but similar cases elsewhere in the UK have resulted in payments ranging from £90,000 to £115,000.
Mrs Jamieson is also taking action against anaesthetist Dr Robin Duckworth.
Mr Jamieson, who grew up in Kirkaldy and Uddingston, was diagnosed with bowel cancer in January 2010, after undergoing a routine test.
The opera lover, who was educated at Glasgow University, had surgery at BMI Healthcare’s Ross Hall hospital, Glasgow, the next month.
The day afterwards he was transferred to the Golden Jubilee National Hospital in Clydebank, West Dunbartonshire, and he died in its intensive care unit on February 15 aged 59.
Gerry Malone, a former MP and friend of Mr Jamieson’s from University, said: “Brian’s death has caused a huge gap in the lives of all his friends and was devastating for his wife, Linda.
“The turnout at his funeral – about 500 – spoke volumes about his involvement in Scottish public life – not only as secretary of Scottish Enterprise, but as a former long-standing board member of the Glasgow School of Art, avid patron of Scottish Opera and keen motor racer at Knockhill circuit.
“Until the diagnosis of a cancerous tumour on the bowel in January 2010 in January 2010 Brian appeared fit and healthy.
“Over the 40-odd years I had known him I was not aware of a history of any serious medical condition. He kept himself in good condition to make the most of his passion – motor racing – unlike many of his contemporaries, including me.”
“World’s Best Doctors”
The Court of Session confirmed today a personal injury case had been lodged against the two medics on 11 October this year.
Mr Finlay founded the department of coloproctology at Glasgow Royal Infirmary.
The BMI Healthcare website says: “[Mr Finlay] is a specialist in the surgery of large bowel cancer, pouch surgery for inflammatory bowel disease, surgery for prolapse and incontinence and the management of any rectal disorders including fistulae.
“Ian Finlay is also an internationally recognised specialist in colorectal surgery as evidenced by the fact that he was one of only two colorectal surgeons in the United kingdom to be recommended in the “Tattler Guide to Surgeons in the UK” (2007) and is one of the few British clinicians to appear in a USA list of the “Worlds Best Doctors”.”
The surgeon lectures regularly in the UK and abroad and is an executive officer at the British Journal of Surgery, as well as training many colorectal surgeons around the world.
Mrs Jamieson, who was married to Brian for 30 years, said: “I was heartbroken by my husband’s death.
“On legal advice I shall make no additional comment on proceedings at this stage.”
Mr Finlay said: “It would be inappropriate for me to comment due to patient confidentiality.”
Mr Duckworth said he did not wish to comment, and a spokesman for BMI healthcare said: “In the light of the ongoing legal proceedings we are unable to comment.”
In September this year, the family of Diane Lewis, from Retford in Nottinghamshire, were given £90,000 after she died in hospital. A medical claims firm, Pannone, said on its website tyat it secured a compensation payout of £115,000 for the family of a patient who died following surgery.