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17 April 2015

Case Update: The Court of Appeal allows Regulator’s appeal and overturns High Court decision to extend the time limit for the Registrant to issue an appeal

Nursing and Midwifery Council v Daniels [2015] EWCA Civ 225

Judgement date 20 March 2015

17 April 2015

Case Update: GMC appeal - Is dishonesty less serious if the motive and/or gain is not immediately apparent?

Alam v GMC [2015] EWHC 854 (QB)

Before Mr Justice Morgan

Background

Dr A lodged an appeal against a decision of the Fitness to Practise Panel (the Panel) of the Medical Practitioners’ Tribunal Service of the GMC pursuant to section 40 of the Medical Act 1983 that her name be erased from the medical register. Dr A’s ground for appeal was that the Panel’s determination was wrong (CPR 52.11 (3)(a)).

The Panel sat for 31 days, at the culmination of which they determined that Dr A’s fitness to practise was impaired by reason of misconduct.

Shannett Thompson

31 March 2015

Case Update: Committee’s findings on dishonesty quashed on the basis that the practitioner had no reason to lie in relation to a peripheral issue in the case

Radeke v General Dental Council [2015] EWHC 778 (Admin) 

Dr R, a Consultant in Oral Surgery, was employed by King’s College Hospital. In 2012 a patient treated by Dr R died subsequent to surgery. Thereafter Dr R was investigated in relation to three cases. 

Shannett Thompson

19 January 2015

Case Update: NMC’s failure to draft charges that sufficiently reflect the gravity of Registrant’s conduct led to serious procedural irregularity

Professional Standards Authority for Health and Social Care (PSA) v Nursing and Midwifery Council (NMC), Duncan Gerald Macleod, [2014] EWHC 4354 (Admin).

On 22 April 2011 the Registrant witnessed Nurse X goading a vulnerable mental health patient, Patient A. He then saw Nurse X place Patient A in a headlock in contravention of appropriate restraint procedures. As a result of Nurse X’s actions, Patient A struck Nurse X with a hairbrush and caused a laceration above Nurse X’s eye. Nurse X went to Accident and Emergency for treatment and on her return completed a Serious Incident Report (SIR) in respect of Patient A’s assault on her. 

5 January 2015

Bullying and undermining are too common in medical training, according to the General Medical Council

The GMC uses national training surveys to capture data and ensure that medical education and training across the United Kingdom (UK) is adhering to and delivering the standards it expects.

Shannett Thompson

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