Defending Doctors

28 May 2021

Wording allegations as “sexual” or “sexually motivated”: An analysis of Haris v General Medical Council [2021] EWCA Civ 763

We previously wrote on the decision in Haris, in which the High Court considered and gave clarity on how professional regulators should consider wording allegations of a sexual nature.

In upholding the substantive decision of the High Court, the Court of Appeal (the Court) judgment in Haris v General Medical Council [2021] EWCA Civ 763 delivered this month (May 2021), adds further commentary on the wording of such allegations in disciplinary proceedings.

Shannett Thompson

1 April 2021

Rule 12 – when the Assistant Registrar’s decision not to refer an allegation against a doctor is not final

R (on the application of Young) v General Medical Council [2021] EWHC 534 (Admin).
The material issue in this case was whether a second assistant registrar of the GMC (“AR2”) was right to decide that allegations should proceed, despite a decision previously made by an assistant registrar (“AR1”) that allegations should not proceed.

Shannett Thompson

26 November 2020

Intractable insight: suspension is not enough

On 19 November 2020, the High Court handed down judgment in the Professional Standards Authority for Health and Social Care’s (“PSA”) challenge to a decision of the Medical Practitioners Tribunal (“MPT”) to suspend a doctor from practice. In her judgment, Mrs Justice Farbey emphasises the significance of lack of insight to the question of sanction.

James Lloyd

26 March 2020

Coronavirus Act: how the emergency legislation will impact healthcare professionals

As the number of confirmed coronavirus cases surged in the UK this week, the government rushed emergency legislation through both Houses, and the Coronavirus Act 2020 (‘the Act’) subsequently received Royal Assent on 25 March 2020.

Christina Orthodoxou

12 December 2019

Coronation Street delves into the legal problems of the GP Good Samaritan

Coronation Street character Dr Ali Neeson recently found himself facing a clinical negligence claim following his failure to diagnose appendicitis.

Shannett Thompson

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