Kings View successful in GMC restoration for doctor following disciplinary erasure
Kings View successfully represented Dr M in this application for GMC restoration following disciplinary erasure.
Kings View successfully represented Dr M in this application for GMC restoration following disciplinary erasure.
Dr M first came before a MPTS fitness to practise panel in 2013 and from the outset of that hearing they admitted the allegations in full and the panel found it proved. The allegations related to a criminal offence of fraud by dishonest false representation and practising whilst their professional indemnity insurance had lapse.
In light of the above, the MPTS panel determined that the only appropriate and proportionate sanction in Dr M’s case was one of erasure. It noted that Dr M’s behaviour was remediable, although it accepted that dishonesty, by its very nature, was difficult to remedy.
Dr M instructed Kings View to advise and represent him in his application for full restoration. Kings View worked with Dr M over a long period of time to ensure they gained full insight and was able to demonstrate genuine remediation.
In granting Dr M’s application for full restoration, the panel commented in particular that Dr M demonstrated an ‘impressive’ amount of remediation. It concluded that Dr M had provided ample evidence of remorse, insight, remediation that strongly supported his contention that they had changed their attitude and behaviour.
Commenting on the case, barrister Catherine Stock said:
“It is so important that doctors engage with us and work together with us to be able to achieve a successful outcome. This is the case for any type of allegation but even more so where allegations are about character and not simply clinical competence.
“We worked hard on strategy for this case and worked closely with Dr M to explain carefully why this was the correct strategy to adopt.
“This case demonstrates yet again that if you seek advice from us early, the outcome is generally better.”
Dr M commented:
“I would like to take this opportunity to thank Catherine Stock and Kings View Chambers in helping me get a successful outcome at my GMC restoration hearing.
“Having been erased from the GMC register on grounds of dishonesty and misconduct, I knew it was always going to be a challenge to effectively demonstrate how much I have changed and convince the MPTS panel and GMC to restore me.
“After looking at several legal firms and barristers I decided to instruct Catherine Stock and Kings View Chambers based on a good personal recommendation and positive reviews, a decision I am very glad I took.
“I had already done a lot of preparation when I first instructed Catherine Stock. But the work I had done lacked focus and clarity. Over the year leading up to my hearing, Catherine helped condense and focus my written preparation. She gave useful feedback and guidance on all my written submissions, focusing particularly on how I have gained insight and appropriately remediated.
“She gave me a lot of guidance and spent time helping me write a reflective document, which was a key document used in my hearing, as well as detailed guidance on how to get good references. She was always prompt to respond, in my opinion striking the right balance between email communications and video or phone calls. Although there were times when our opinion on the approach to take differed, she gave sound and useful advice and got me the outcome I wanted.
“On the lead up to the hearing she helped calm my nerves and gave me the confidence boost I desperately needed. She gave me structure and guidance on how to approach questions I maybe asked, and above all the correct mindset I needed to have on the day of the hearing which proved invaluable.
“I am forever grateful to Catherine in helping me get full GMC restoration. I am now looking forward to returning back into the profession I love and missed. Kings View Chambers are very fair and reasonably priced with no hidden extras and I am very happy to give my full recommendation.”
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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