Successful outcome for doctor at GMC Case Examiner stage
Kings View Chambers persuade GMC case examiners to recommended undertakings rather than a referral to a Fitness to Practise tribunal.
Kings View Chambers persuade GMC case examiners to recommended undertakings rather than a referral to a Fitness to Practise tribunal.
GMC fitness to practise defence barrister, Stephen McCaffrey, said:
“This case demonstrates the benefit of taking positive and meaningful steps to ensure the risk of repetition is low and that when things go wrong, the extent to which you accept that and engage in gaining insight and take action to remediate, the far better the chance of a successful outcome.
“Kings View offers Insight Works Training, unique and practical courses focusing on impairment, reflection, insight and remediation.”
Our client said:
“Ms Catherine Stock has continued to go well beyond the call of duty. Through her incredible insight, and relentless push on my behalf – we were able to avoid tribunal, whilst maintaining my licence. It’s an outcome I could not have imagined independently given the circumstances.
“Ms Stock was always available, kind and truly listened. Something that any client undergoing the stress of a GMC investigation should entrust only with the competence and compassion at Kings View Chambers.”
Case Examiners – who are they?
At the conclusion of the initial investigation stage, if there is evidence that a health and care professional’s fitness to practise may be impaired, the case must be referred to the case examiners for more in depth consideration. Case examiners are normally made up of both lay people and professionals in the area of regulation.
The case examiners are not asked to decide the facts of the case. They do not consider if the allegations made against a registrant are true or not true. The case examiners are required instead to consider if there is a real prospect that the allegation in the case could be proved and that, if proven, it would suggest that the registrant’s fitness to practise might be impaired.
Case examiners therefore are appointed with a statutory duty to make decisions, for example to close cases without further action, give advice, warnings, agree undertakings and referring some cases for a full hearing.
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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