Doctor able to practice unrestricted

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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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.