GMC Investigations | A Guide for Medical Professionals
GMC investigations are essential for maintaining medical standards in the UK, ensuring doctors uphold the professionalism and competence required for safe patient care. This article will explore the investigation process, potential sanctions, and where to seek legal support if you or another medical professional find yourselves under investigation.
The General Medical Council (GMC) is the regulatory body in the UK tasked with upholding standards in medical practice. Its main responsibilities include overseeing the registration of doctors in the UK, as well as setting professional benchmarks for medical education and standards.
The GMC also handles complaints related to doctors, investigating their conduct or competence to establish whether patient safety or public confidence in the medical profession is at risk.
To protect patient safety and uphold ethical standards in healthcare, the GMC can refer a case to the Medical Practitioners Tribunal Service (MPTS) for a hearing. They have the authority to take disciplinary actions, such as suspending or removing doctors from the medical register when necessary.
The work of the General Medical Council is set out by the Medical Act 1983 and covers, amongst other things:
- the maintenance of the UK Medical Register,
- the professional values, knowledge, skills and behaviours required of all doctors, and
- the education and training required to deliver high-quality care to protect the public and the reputation of the medical profession,
- the investigation and acting on concerns about doctors.
John Veale of KANGS comments upon aspects of the investigation process.
When Can The GMC Intervene?
To practise medicine in the UK, all doctors must be registered with the GMC and hold a valid licence to practice. The GMC ensures compliance with the high standards by controlling who is allowed onto the Register and take action when these standards are not met.
Disciplinary action will be taken where there:
- is evidence of misconduct or poor performance
- has been a criminal conviction or caution in the UK or anywhere in the world if the offending behaviour would be a criminal offence if committed in the UK
- has been a determination of unacceptable behaviour by a Regulatory Body either overseas or in the UK
- exists impairment by reason of physical or mental health
- is insufficient knowledge of the English language to be able to practice medicine safely in the UK
The GMC Investigation Process
Once a complaint or a notification of a criminal conviction/investigation is received, the GMC will inform the doctor of the complaint and request details of employment. The doctor will be given the chance to comment on the complaint and the employer will be asked if there exist any concerns about the doctor’s fitness to practice.
The initial investigation may result in no further action being taken, a warning being issued or an agreed undertaking to address the accepted problem. However, the complaint may be referred to the Medical Practitioners Tribunal Service (MPTS) for a full Hearing.
If the investigation is likely to be prolonged, the matter may be referred to the MPTS for an Interim Orders Tribunal Hearing which can suspend or restrict the doctor’s practice whilst investigations continue. This interim suspension or restriction can only last for a maximum of eighteen months before it must be referred to the High Court for permission to grant an extension
Potential Sanctions
A finding by the MPTS against the doctor, may result in:
- an Agreed Undertaking with the doctor regulating the terms of practice
- imposition of conditions on the doctor’s registration
- suspension from the Register for a specified, or indefinite period
- removal from the Register.
How we can help
Medical professionals who expect to face, or have already been notified of, a GMC investigation or a Medical Practitioners Tribunal Service hearing should seek legal representation to protect their careers, reputation, and legal rights. These proceedings can have serious consequences, including suspension or loss of a medical license.
The team at KANGS has vast experience and is highly regarded nationwide for assisting clients facing accusations of professional misconduct of every nature, including those affecting the medical profession.
With the expertise of our skilled solicitors, you will gain a clear understanding of the complex process and receive guidance on navigating regulatory guidelines, all while building a strong defence. Our team can help present evidence, challenge allegations, and negotiate outcomes, ensuring a fair hearing and minimising the risk of penalties.
Our experienced team will:
- advise upon obtaining relevant documentary evidence including Witness Statements and Experts’ Reports,
- assist in preparation for any interview of any nature,
- advise in relation to clinical matters, together with assessments of performance and health,
- make submissions to and provide representation before the MPTS for an Interim Orders Hearing or for a Full Hearing.
Please do not hesitate to contact using the details below, we will be happy to speak to you:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
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