Case closed for doctor accused of dishonesty
Kings View Chambers secure no case to answer for doctor accused of dishonesty in relation to NHS prescriptions.
Kings View Chambers secure no case to answer for doctor accused of dishonesty in relation to NHS prescriptions.
In this case, GMC Case Examiners were persuaded to take no further action in a dishonesty allegation in relation to use of NHS prescriptions for the doctor himself.
GMC defence barrister, Catherine Stock, commenting on this case, said:
“This case highlights the importance of seeking legal advice early and at a time before any substantive response is made to the GMC which often results in more harm than good when the doctor responds to the GMC alone.
“This case further highlights the significance of accepting wrongdoing and being able to demonstrate in-depth insight and undertaking timely steps to remediate. If we and the doctor get this right even in serious cases, the case examiners can be persuaded to take no further action and a referral to a Fitness to Practise Tribunal is not inevitable.”
The doctor, MA, said:
“It gives me great pleasure and in fact no words to express my gratitude to Catherine Stock and Stephen when I hired them to sort my problem. Catherine, particularly, was ruthless and straight forward in telling me that I should expect the worst case scenario from GMC.
“She never gave me any hope. That is when I knew I was in good hands. She was blunt in everything, cost, outcome what I should expect etc. Then when I prepared my response, she kept returning it back asking me to better my response.
“I was in a state of shock when GMC closed my case with advice only. The whole workplace was wondering what’s happened to me as I was jumping around in joy and relief.
“Look no further, trust me. If anyone is in trouble with regulatory law, contact KVC immediately. They are expensive, but will let you know in advance.”
Is legal representation the answer?
It is widely accepted and proven that legal representation makes a real difference to the outcome of investigations and results in lesser sanctions for doctors.
What is also unquestionably clear is that GMC investigations and MPTS hearings are complex, daunting, prolonged and legalistic leaving doctors stressed and anxious. Where legal advice and representation can have the biggest impact on this, is helping doctors understand the process, what to expect and how to engage with the GMC during an investigation and hearing.
Research has shown that registrant’s engagement and legal representation can impact on decisions about seriousness, and that the lack of legal representation has been identified as being associated with more severe sanctions outcomes in fitness to practise cases, stating:
“Legal representation was seen as important by participants because legal advice could support and guide registrants through the FtP process, which is complex and legalistic. Legal advice was seen as important in aiding registrants to understand regulators’ expectations, especially in terms of the need for registrants to demonstrate insight and perhaps to show evidence of remediation activities. Lack of legal representation was, therefore, seen to potentially have an impact in terms of the seriousness of the outcome for registrants who are perhaps unaware of how to present their case to best effect.”
A compassionate approach to legal representation
The right legal advice and representation is not just about the legalities and technicalities of a case. Our barristers fully understand the stress and anxiety that doctors experience during prolonged GMC investigations.
We also understand that we are working with people who are anxious and worried about what investigations might mean for them, their professions and the reputations.
We never lose sight of the human aspects of FtP investigations and hearings. We will always give an open and honest assessment of cases, but we will marry that with an approach that also supports health and care professionals through the duration of a case.
“I was not optimistic about the case, I felt that it is a lost case that we couldn’t do much about and especially just before the start of the trial I lost my confidence and was very nervous. Mr McCaffrey was there to prove me wrong. He turned everything around in a victorious , panegyric manner. I was stunned.” – CL
Catherine is professional, empathic and very knowledgeable. She provided all the necessary assistance throughout the long thorough investigation. – AR
A colleague recommended me to Catherine. She was very experienced , professional, empathetic , non-judgemental and listened to me. – Mel
I found myself consumed with dark thoughts, isolated and afraid. Stephen worked with me and slowly but surely formulated a plan not to just to fight my case and win, but to build me back up bit by bit so as to prepare me to face external scrutiny and present with confidence to panels where this was necessary. – FJ
What you can Expect when Instructing Kings View
All clients are entitled to an initial, no obligation and free telephone consultation about their case. During this consultation, we will outline the stages and next steps, including indicative timeframes and fixed price quotations for preparation and representation and confirmed in writing at each and every stage.
We understand that timescales are entirely dependent on the stage you are at in proceedings, what work needs to be done and dictated by internal investigations or hearing dates. We always meet those timescales however should more time be needed, then we will apply for such on your behalf and with your permission.
Disclaimer: This article is for guidance purposes only. Kings View Chambers accepts no responsibility or liability whatsoever for any action taken, or not taken, in relation to this article. You should seek the appropriate legal advice having regard to your own particular circumstances.
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