Pain goes on for Burton family despite settlement

An out-of-court settlement has ended legal action in New Zealand against a disgraced former Southland Hospital doctor, but the hurt remains for the family who suffered tragedy due to his inadequate care.

Peter Fisher was the principal doctor for Mark Burton, who in 2001 drove to Queenstown and fatally stabbed his mother, Paddy, shortly after being discharged by Fisher from the hospital's mental health unit in Invercargill.

In 2003 Fisher was found guilty by the Medical Practitioners Disciplinary Tribunal of 17 charges of professional misconduct for his care of Mark Burton.

He was banned from practising medicine for six months and fined $86,000.

The same year a case against Fisher was lodged with the Human Rights Review Tribunal in 2003 by the Health and Disability Commissioner's director of proceedings, Theo Baker, the Southland Times reported yesterday.

Ms Baker said yesterday that the case was a civil action brought on behalf of Mark Burton, seeking compensation for the substandard care. But a confidential settlement had been reached in December and the case withdrawn.

Ms Baker could not disclose the amount of the settlement but Mark Burton's father, Trevor, told the Southland Times he was pleased with the outcome. The money had gone into a trust account to help with his son's future.

It was not known whether the settlement had come from Fisher's own pocket or through indemnity insurance, Mr Burton said.

Before his son's release from the mental health unit, Mr Burton had written a letter to the unit's staff saying the family feared for their safety.

After his wife's death, Mr Burton said he wanted someone to be accountable for what had happened.

This week he said he felt justice had been achieved.

"I think so. As much as can be done has been done. Ideally he [Fisher] would have been charged with criminal negligence. Fortunately that seems to be happening in Britain.

"Unfortunately, it's taken another death for that to happen."

Fisher is in England awaiting trial after being charged with the manslaughter of Peter Weighman, of West Cumberland, who died in 2002 from an overdose of painkillers while under Fisher's care.

Mr Burton said it was pleasing to know there would be no more hearings or court cases in this country.

"It's been bloody hard on the family."

And while the family had got the justice they had sought, "the hurt never goes away".

- NZPA