Doctor avoids erasure sanction
Where the GMC (or MPTS) deems there to be evidence of impaired fitness to practise, they will go on to assess whether the doctor poses a risk to public protection that requires action on the part of the GMC (or MPTS).
A look at the criteria the GMC & MPTS decision makers will use to decide if doctors pose a risk to public protection.
Dr SR’s husband contacted GMC fitness to practise barrister, Stephen McCaffrey, on recommendation a number of years ago.
Following an initial consultation, Mr McCaffrey was instructed to deal with the case at the GMC/MPTS. It was a complicated case which featured much health and personal background.
However, the allegations were extremely serious. They related to serious clinical competence concerns and a large number of serious integrity matters, culminating in five dishonesty allegations. A plan was implemented involving external expert evidence and much work with Dr SR to avoid erasure. The plan was successfully executed and a case, which in any other circumstances would have certainly resulted in erasure, was dealt with by way of suspension.
Stephen said:
“This was one of the most challenging cases I have ever dealt with. Much of the backgrounds and reasons for this are private. Following a number of consultations with other lawyers who confirmed erasure was inevitable, I assured Dr SR that there was a way we might be able to avoid this. She put her trust in me and my team. It was a very hard road, but I was so delighted that a great and well respected consultant will be able to return to work following a period of suspension. It highlighted, once more, the absolute need for a clear strategy and advice from experienced lawyers in this field. This was one of the most satisfying results I have achieved.”
Speaking after their case, our client said:
“I can thank Mr McCaffrey for his help and support, we are not done, yet there is more work to do still. He is there all along
There are people like him, why lots of others can survive.”
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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. Some content may have been generated by AI tools.
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