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Legal action threat over group's remarks

The Bermuda Hospitals Board has threatened to sue the Bermuda Healthcare Advocacy Group over comments and remaks it has made.

A patients’ advocate told the Bermuda Hospitals Board to “bring it on” after they threatened to sue for libel over his group’s outspoken remarks.Mark Selley of the Bermuda Healthcare Advocacy Group [BHAG] has been calling for a commission of inquiry into the Bermuda Hospitals Board [BHB] over a range of concerns.The group has drawn public attention to tales of disgruntled patients, high-profile resignations and terminations of jobs in recent months.This has “antagonised” the hospital, according to chief executive officer Venetta Symons, who wrote to Mr Selley threatening legal action in a letter shared with this newspaper by the BHAG.Mr Selley, the group’s spokesman, said last night: “I’m going to tell them to bring it on. I’m not going to be intimidated, and our group will not be intimidated by a letter like that.”In recent months, the group has called for answers over the departure of chief of staff Dr Donald Thomas who resigned on October 1 after being suspended in July. The BHB has refused to provide details on the circumstances of his exit.Before the resignation, BHAG issued a strongly-worded statement criticising Dr Thomas, plus former hospital chief executive officer David Hill and chief financial officer Delia Baisden, and called for a commission of inquiry.In addition, the group has spoken out over the fact that the hospital’s most recent audited financial statements have yet to be tabled before Parliament and that hospital salaries and bonuses which are funded by taxpayers are not made public.BHAG has called for “the resignations of persons responsible for the failure and diminished credibility of our healthcare system starting with the Minister of Health the Honourable Zane DeSilva”.On October 11, Ms Symonds wrote to Mr Selley, threatening legal action.“As the lead representative of the Bermuda Healthcare Advocacy Group we met with earlier this year, we are writing to you regarding some of the comments being circulated,” she stated.She did not specify which comments she was referring to.She went on to tell Mr Selley that the BHB welcomes “a frank discussion on the healthcare environment in Bermuda” and is made accountable for its finances and actions via the offices of the Auditor General and Ombudsman of Bermuda. The latter will provide oversight and public commentary on a clinical and corporate governance review ongoing at BHB,” she said.Ms Symonds continued: “We would have hoped that the BHAG would position itself as having a constructive role in the hospitals’ drive to improve. Recent statements which are highly defamatory and which call for resignations of hospital officers with no supporting facts only serve to antagonise the hospital and distract us all from the very important business of continuing to improve Bermuda’s healthcare system. They undermine your group’s credibility and further expose it to liability.”She did not specify which resignation calls she was referring to.Ms Symonds added: “You are certainly free to voice your opinion on whatever solutions you feel would assist the hospital in improving its service. Singling out individual staff members with unsubstantiated defamatory comments, in addition to giving rise to a claim in damages for defamation, is possibly a criminal offence under sections 206 and 207 of Bermuda’s Criminal Code.”Those sections of the code refer to the law on criminal libel.Ms Symonds told Mr Selley: “In the absence of an unqualified apology to the individuals concerned, the BHB and the individuals concerned reserve all of their rights.”She said there is a complaints procedure in place if the group wishes to file concerns over the conduct of hospital officers.“It is both libellous and unfair of you and your organisation to make damaging allegations and call for resignations of individuals in the absence of any creditable reasons for doing so or supporting facts,” she wrote, adding: “The Bermuda Hospitals Board reserves all its rights against you.”Asked by The Royal Gazette if he plans to issue an apology, Mr Selley replied: “No way. I’m going to do a personal response [to the BHB]. It’s not going to go public as I don’t want to antagonise them any more. I think they realise their day of accountability is coming and with all this public exposure they feel intimidated because we have not fallen off the game.”He added: “We have made some progress so far, and we are not going to back off now.”According to Mr Selley, the petition to Governor George Fergusson calling for him to intervene and set up a commission of inquiry has attracted almost 800 signatures.Go here for the petititon: http://www.gopetition.com/petitions/bermuda-healthcare-advocacy-group-commission-of-inquir.html