Kings View persuaded NMC not to open an investigation
Kings View persuaded NMC not to open an investigation in a case involving a nurse who signed as a checker when they had not personally witnessed the care.
This case involved signing as a checker when you had not personally witnessed the care having taken place. The nurse owned up immediately and was able through reflection to demonstrate that they had insight, and as such the risk of repetition was low.
With the assistance of Kings View Chambers, the NMC were persuaded not to open an investigation.
NMC fitness to practise defence barrister, Catherine Stock, commenting on this case, said:
The nurse owned up immediately and was able through reflection to demonstrate that they had insight and as such the risk of repetition was low.
The NMC take into account contextual issues such as staffing levels and so it is important to highlight the relevant contextual issues. The NMC will also take into account the nurse’s career record amongst other things.
It is difficult to get the balance of all these matters right and so it is imperative you seek expert legal help at the earliest opportunity.
Our client, MM, said:
I am writing overwhelmed with gratitude. Catherine and her team were absolutely amazing, very professional and sensitive to my needs.
I am not familiar with certain aspects of the law, let alone some legal terms. Catherine was always communicating on every aspect of the case and giving clear explanation where there was need for clarity. Her standards are very high, and she treated my case with great consideration and due diligence.
From the beginning she kept re-assuring me because I was so nervous and anxious about the case. The whole legal process is something that’s out of my depth. I really needed someone to rely on. Catherine and her team went above and beyond getting me to be able to practice. They did put 100% and would recommend them to any healthcare professional who would find themselves in a difficult situation.
Catherine and her team are true to their word, and I am so glad that they go achieved a better result than I expected.
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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