Kings View Chambers represent doctor who accepted a police caution
In this case, Dr S accepted a police caution and delayed notifying the GMC. Dr S admitted these allegations before the Medical Practitioner’s Tribunal (MPT).
Dr S was represented by fitness to practise defence barrister Catherine Stock. Catherine successfully persuaded the MPT that erasure would be disproportionate in Dr S’ case.
The MPT noted that, despite the police caution and the delay in notifying the GMC, Dr S has shown evidence of insight and remediation. Furthermore, the MPT noted that Dr S expressed remorse and there was no evidence that there is a risk of repetition.
Despite the serious nature of the allegations and with expert representation from Catherine, Dr S was suspended for only one month.
Speaking at the conclusion of the case, Dr S said:
“During preparation of my case, Catherine Stock, from the very beginning challenged me and guided me to the perfection during each and every step. She had excellent critical thinking skills and she dedicated herself with serious thoughts and considerations in relation to my case preparation. It was emotionally a very difficult time for me to go through with the MPTS hearing and getting prepared for my case hearing but she was always there with me at every step both as a friend, as a colleague and as a very professional person in her field. She used to guide me and correct my statements multiple times without getting cross about it.
“Catherine Stock was always honest with me about the expectations and the most likely possible outcomes of the hearing. I was initially really very nervous to face the members of the Panel but she prepared me so well in the 2 pre-hearing conferences that I felt very comfortable facing the panel members and the GMC barrister who really tried to give me a tough time. If it was not for Ms Stock, I would have never been able to present my case so well.
“Ms Stock presented my case and the legal and ethical arguments she raised was beyond any doubt very professional and showed her outstanding communication skills. During the hearing CS was always available for my help and support and before and after the end of every session she used to support me and help me to with any of my queries or questions. It was indeed based on her excellent presentation of my case that I got the best possible outcome of my case.”
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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