Kings View supports doctor facing dismissal in malicious complaint case

A doctor facing dismissal following a malicious complaint keeps their job and avoids a GMC referral with support and advice from Kings View Chambers.

This case was a tricky situation where the complaint had not been made by the patient themselves but by a relative of the patient.

This doctor had solid indemnity cover, however his insurer advised them to admit everything they were accused of, which included several allegations that were flatly false.  The doctor initially contacted Kings View for a second opinion as they were not keen to accept the advice from his insurers.

Looking at the facts of the case, we disagreed with previous advice given and advised the doctor to ask for more information about the complaints that he faced.  We advised the doctor that, in our view, they were not in any breach of the GMC’s Good Medical Practice guidance.

We were able to assist the doctor in interpreting the guidance and in being able then to articulate why they viewed guidance in the way they did.

With the support and advice from Kings View Chambers, the doctor was able to successfully steer a difficult middle course between, on the one hand, the advice of the indemnity provider and, on the other hand, coming across to their employer as “unreflective”.

Fitness to practise defence barrister and joint head of chambers, Catherine Stock, commenting on this case, said:

“The doctor was at risk of dismissal however in working issues through with our help this was not the outcome.

 

“If you find yourself in difficulty and at odds with your employer in interpreting the GMC’s Good Medical Practice and other guidance, we can help.”

The doctor said:

“The advice of Kings View Chambers allowed me to feel confident in the stance that I took, which enabled me to keep my job and avoid a GMC referral.

 

“I can’t thank Kings View Chambers enough, and would not hesitate in recommending them to anyone who finds themselves in the same sort of situation as I did.”