Doctor able to practice unrestricted
A number of recent cases, where doctors were sanctioned by the GMC, has raised questions about the regulator’s stance on the issue of doctors taking part in climate protests. Is the GMC’s stance justified and what should doctors know when they consider taking part in climate protests.
With representation from Kings View Chambers, a fitness to practise tribunal made a finding of no impairment, leaving our client to practice unrestricted.
Our client, K, approached Kings View Chambers at a very early stage in proceedings following allegations of a professional boundaries issue with a former patient. It was quite clear from that stage that the situation was not as being alleged or presented by the GMC.
However, for a number of reasons, including the fact that there was an internal investigation running alongside a GMC investigation, difficult decisions had to be made about how to engage in the matter and what to present. With representation from Kings View Chambers, we were able to shape the way the GMC advanced their case after the internal investigation and, knowing it would go through the GMC Case Examiners, began aggressive and comprehensive preparations very early.
The case involved much legal argument and tactical redactions to the bundles with altered allegations by the end. With huge work and effort, we were able to convince the MPTS Tribunal that there was no current impairment and K continues to practice unrestricted.
Representing K, fitness to practise defence barrister, Stephen McCaffrey, commented:
“This case was another example of the important of making decisions from the earliest stage based on how you would win at fitness to practise hearing at the MPTS.
“Although we always do everything possible to stop a case before then, decisions still need to be based on a strategy and that strategy must be focused on winning should the case end up before a MPTS.
“Not all do. This one did and we were so pleased K put his trust in us and our plan. The result speaks for itself. Another good doctor has avoided restriction or erasure based on this principle. We were delighted for K.”
K said:
“After a nearly two-year ordeal culminating in a Fitness to Practice hearing with a positive outcome, I am now able to share my thoughts on working with Stephen and Kings View Chambers.
“From the first consultation, Stephen offered invaluable expertise and emotional support, transforming my perspective on my situation. His meticulous approach and thorough planning ensured the best possible outcome, always keeping my best interests at the forefront. Every decision he made was crucial and laid the foundation for success.
“I cannot recommend Stephen highly enough; instructing him was the best decision I made.”
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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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