What’s your view of Physician Associates?

Are they simply a cost-effective way of helping to provide a service where there are issues in recruitment of doctors, or are they part and parcel of essential reforms in an under pressure, underfunded NHS?

Recent news headlines, where failures in the practise of PAs have led to misdiagnosis of patients and catastrophic failures in care, call into question the role of a PA and whether it needs to be revisited.

Are they simply a cost-effective way of helping to provide a service where there are issues in recruitment of doctors, or are they part and parcel of essential reforms in an under pressure, underfunded NHS?

So, who are PAs and what training do, they have?

Usually they have a first degree, often science based, and then undertake a 2-year post graduate programme.

This is to be compared to doctor training and nurse training – both of whom train for longer periods and have to spend time ‘in practise’ on wards and/or community settings being assessed as competent.

Further confusion around the concept comes when you compare the starting salary of a PA [just over £43,000] with that of a foundation year junior doctor [just over £36,500] or a newly qualified nurse [band 5 – £28,400].

Experienced doctors and nurses both report issues in role boundaries and confusion over responsibilities with their role and that of a PA. PA’s report the same. Clearly there are agreed issues, even if not agreement about their solutions.

Many argue that the answers to the problems facing the NHS in terms of staff recruitment and retention could have been better solved and with lesser expense if a review of roles and posts that already exist had been undertaken.

The Faculty of Physician Associates is to close next month, with regulatory oversight moving to the GMC.

We await, with interest, to see what the GMC will be required/decide to investigate as cases involving PAs filter through their processes. Will they be treated akin to doctors in terms of responsibilities and culpabilities, or will the GMC seek to differentiate in some way?

Regardless, it will be interesting to see how the MPTS approach the matter. We suspect it will not be until the first few completed regulatory hearings (and likely subsequent High Court appeals) that there will be any clarity on the issue.

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Doctors should seek expert legal advice at the earliest possible opportunity when considering a restoration application because setting the correct strategy from the outset is crucial to good outcomes.  This is particularly the case for insight and remediation because remediation is often a long process. 

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Through, Insight Works Training, we offer a range of courses to provide evidence of insight and remediation, including preparation for restoration applications and Probity, Ethics and Professionalism for Health and Social Care Professionals.

Kings View Chambers has over 30 years’ combined experience representing heath and care professionals at all levels.  We are a leading fitness to practise defence chambers that have a proud record of consistently achieving excellent outcomes for our clients.

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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.

Contact us today for a no obligation and free telephone consultation about your case in the knowledge that you are speaking to one of the best in the business.

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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