Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
11 September 2012
E-Regulator: The Role of the Legal Assessor in Fitness to Practise Proceedings
Elizabeth Taheri examines the role of the Legal Assessor in fitness to practise proceedings in light of two recent cases highlighting their responsibilities, in particular where Registrants are neither present, nor represented.
11 September 2012
E-Regulator: Heydon-Burke v Nursing and Midwifery Council [2012] EWHC 2435 (Admin)
When can a healthcare professional appeal against procedural irregularities?
The applicant worked as a police station custody nurse. In 2009, she was presented with a detainee who had taken 10 millilitres of methadone. The applicant administered 20 millilitres of methadone to the detainee, in breach of her employer’s policy which stated that medication should only be administered in the presence of a forensic medical examiner. The applicant recorded that the detainee had taken 30 millilitres of methadone prior to the arrest, failing to document that she had in fact administered 20 millilitres.
11 September 2012
E-Regulator: Press round-up - September 2012
On 3 September 2012, the GMC’s new guidance, Protecting children and young people; the responsibilities of all doctors, comes into effect. All doctors were sent a copy of the guidance in July 2012, which advises on sharing information for child protection purposes. Doctors are regularly faced with emotionally challenging and complicated decisions and can be left having to act against the wishes of parents. The new guidance is aimed at paediatricians, GPs and those directly treating children. Its purpose is to alert doctors to the risks that children face, whether the child is a patient of theirs or not. It encourages them to take appropriate action and includes case studies and a decision-making flow chart to assist doctors to apply the new guidance. Copies of the guidance, case studies and other learning materials are available on the GMC website: http://www.gmc-uk.org/publications/13683.asp
11 September 2012
E-Regulator: Abdullah v General Medical Council [2012] EWHC 2506 (Admin)
High Court uphold decision of Interim Orders panel of the Medical Practitioners Tribunal Service to suspend doctor alleged to have engaged in sexual impropriety with a patient, but reduces suspension from 18 to 12 months.
The claimant in this case, Dr Abdullah (A), challenged an interim suspension order imposed on him by the Interim Orders Panel (IOP) of the Medical Practitioners Tribunal Service (MPTS) of the General Medical Council (GMC) on 10 July 2012, suspending his registration for 18 months.
31 August 2012
E-Regulator: Perry v Nursing and Midwifery Council [2012] EWCH 2275 (Admin)
A complaint was made by a female patient against the applicant, a 53 year old registered mental health nurse. As a result of the allegations, the Health Board held a Disciplinary Hearing, the outcome of which was to summarily dismiss the applicant for gross misconduct. His case was referred to the respondent Nursing and Midwifery Council (‘NMC’), who, pending a decision as to whether there was a case to answer, summoned the appellant to attend an interim orders hearing. At that hearing, the Panel stated “we are not required to weigh up evidence. All we have to be satisfied of is that, given the information in front of us, there is a prima facie case [sic] requiring consideration of an interim order”. Following the hearing, the applicant was suspended for 18 months. The applicant applied to terminate the interim order of suspension under art 31(12) of the Nursing and Midwifery Order 2011; SI 2002/253.