Client’s suspension revoked

Our client’s Suspension Order was revoked after the review tribunal found their fitness to practise no longer impaired.

Commenting on this case, fitness to practise defence barrister, Catherine Stock, said:

“This client had had a good outcome from an earlier fitness to practice hearing at the GDC. They were facing a number of allegations of dishonesty, some of which were admitted at the outset, and some denied. The case involved cross-examination of one main witness and all allegations that has been denied were found not proved.

 

“In cases of dishonesty before any healthcare regulator a sanction of erasure is nearly always an option for the Committee, however this client had worked with us for a considerable time in preparation and received a lesser sanction of suspension for 6 months.

 

Their review hearing took place recently and gain he had worked with us to be well-prepared for the hearing, and he was successfully restored with no conditions on his registration, and he is now free to practise unrestricted.

 

“This case highlights that for any fitness to practise hearing whether it be a substantive hearing, a review or restoration, being able to demonstrate insight and remediation is tantamount and something that is not easy to achieve without specialist advice.”

Speaking at the conclusion of their case, our client, M, said:

“Following on from my fitness to practise hearing, I once again sought counsel for a review hearing after a six-month suspension.

 

I thought about going it alone, but I am very glad I didn’t. I had to prepare for this hearing in the same way as the previous, and Catherine gave me the tools to do this.

 

“I was guided through the process and the GDC could not argue when they viewed the work I had done on remediation, reflection and insight in which Catherine had set for me.”

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.

Contact us today for a no obligation and free telephone consultation about your case in the knowledge that you are speaking to one of the best in the business.

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.