Case closed with no further action for doctor
Dr AA approached us at a very early stage. We were involved in a number of aspects, including an inquest and, the General Pharmaceutical Council (GPhC) involvement in an online pharmacy. It was a complicated case, requiring early action in developing a strategy.
Dr AA approached us at a very early stage. We were involved in a number of aspects, including an inquest and, the General Pharmaceutical Council (GPhC) involvement in an online pharmacy. It was a complicated case, requiring early action in developing a strategy.
Dr AA was open and honest with us and we agreed a strategy for dealing with the GMC. We opposed the imposition of an interim order and won to allow the doctor to continue practising unrestricted. The inquest ended without any criticism at all of our client. Finally, despite the GMC instructing an expert witness who was very critical of Dr AA, we managed to get the case ended with no further action at Rule 7 stage. The Case Examiners agreed with all of our arguments, including a number of fundamental criticisms levelled at the GMC case and their supposed expert.
GMC Defence Barrister, Stephen McCaffrey, said:
This was a difficult case where a number of approaches would have been appropriate. It was important to decide early on which one to take and to commit to it. It would have almost impossible to obtain this approach had we been instructed later. Furthermore, it was also a case where our expertise and experience with online pharmacy cases, the GPhC and the GMC made us uniquely suited to obtain this outcome.
Dr AA, said:
“It’s been a wonderful experience dealing with Stephen and Catherine. Stephen has the perfect combination of intelligence, experience and cynicism when dealing with the GMC. From his first communication to them, they were on the back foot. You have to realize that the GMC don’t often act with common sense or fairness towards doctors.
You need experienced representation, and these two have been there and done it for a long time. They offered excellent advice throughout, with a welcome sense of humour when required, were dominant when dealing with the GMC in an interim orders tribunal and won an unexpected victory by having my case closed by the case examiners before it went to a fitness to practice hearing. I can’t recommend them highly enough.
When it comes to the law, words are the most important thing, and Stephen and Catherine simply have the best words. Hire them as soon as possible before your mediocre defence union gets you into trouble.
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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