Blog
The Duty of Candour: Telling patients the truth when something goes wrong
Shannett Thompson
Healthcare professionals work incredibly hard to provide patients with high quality, compassionate and focussed care. Complaints made against healthcare professionals are on the rise; allegations of poor practice or misconduct can devastate a practitioner’s confidence, their reputation and their career, and that is where we can help.
We are independently recognised specialists in healthcare regulation, having acted in the field for several decades. Clients come to us to obtain specialist legal advice when a complaint is made that threatens their ability to carrying on practising.
Our regulatory team defends health professionals from across the sector, including:
- Chiropractors, before General Chiropractic Council (GCC)
- Counsellors, before the UK Council for Psychotherapy (UKCP)
- Dentists, before the General Dental Council (GDC)
- Doctors, before the General Medical Council (GMC)
- Opticians, before the General Optical Council (GOC)
- Osteopaths, before the General Osteopathic Council (GOsC)
- Nurses, before the Nursing and Midwifery Council (NMC)
- Pharmacists, before the General Pharmaceutical Council (GPhC)
- Psychoanalysts, before the British Psychoanalytical Council (BPC)
- Psychotherapists, before the British Association for Counselling and Psychotherapy (BACP)
Many of our clients fear that an investigation by their regulator will inexorably damage their career or their reputation. This need not be the case. Considered engagement with the regulatory investigation is crucial in achieving the best possible outcome. We have a proven track record of having investigations closed in the early stages, limiting the impact, professionally and personally, on the professionals concerned.
Complaints often have a number of dimensions to them; professionals sometimes face parallel criminal, employer and regulatory investigations, as well as having to deal with the glare of the press. Our clients benefit from our close working relationships with our specialist criminal, employment and reputation management lawyers. Knowing that your legal team is looking at your problem from all angles is reassuring, as well as saving time and money.
Recent work
We have assisted clients with a wide variety of issues, including:
- A pharmacist in proceedings before the General Pharmaceutical Council (GPhC) alleged to have practised whilst not being entered as such on the Register of Pharmacists
- A dental practice facing a General Dental Council (GDC) investigation into the employment of unregistered dental staff
- An optician’s store in proceedings before the General Optical Council (GOC) relating to its registration and use of protected titles
- A nurse alleged by the Nursing and Midwifery Council (NMC) to have dishonestly worked bank shifts whilst on sick leave from their employer
- A dentist alleged by the General Dental Council (GDC) to have worked without adequate indemnity
- A student nurse refused registration by the Nursing and Midwifery Council (NMC) due to previous criminal convictions
- A doctor facing proceedings brought by the General Medical Council (GMC) relating to their drafting of a substandard expert report
- A doctor alleged by the General Medical Council (GMC) to have failed in providing care to a patient on a cruise ship
- Representing a psychotherapist in an Inquest in which it was alleged that the treatment provided was ineffective
- Acting for a psychoanalyst in successfully defending allegations of professional misconduct brought by the British Psychoanalytic Council (BPC)
Insights
We regularly publish updates on cases and matters of interest affecting healthcare professionals.
- Press Round-Up: Regulatory and Professional Discipline April 2018 - May 2018
- The PSA’s Lessons Learned Review – Regulators take heed
- What’s the buzz?
- A new framework for psychotherapy, psychoanalysis and counselling
- Are doctors being penalised by the General Medical Council’s power of appeal?
- Press Round-Up: Regulatory and Professional Discipline February 2018 - March 2018
- The appeal has been granted: Dr Bawa-Garba’s case in action
- Post-Brexit language testing for EEA qualified healthcare professionals
- Press Round-Up: Regulatory and Professional Discipline December 2017 - January 2018
- Regulatory healthcare reform
- Nursing - reforms towards a more modern and efficient regulator
- Pharmacy insight - what is the function of a reviewing panel in fitness to practise cases
- Restriction of an Investigating Committee’s powers to conduct an internal review of its decisions to issue warnings to registrants
- Court considers the length of time a nurse was subject to interim restriction
The team working on my case was first-rate: they gave lightning-fast responses and possessed unparalleled expert knowledge of my profession, its regulatory bodies and the law relating to professional discipline"
Chambers UK, A Client's Guide to the UK Legal Profession, 2017
They are obviously very strong in the field of professional regulation"
Chambers UK, A Client's Guide to the UK Legal Profession, 2016
They understand that there are risks in everything one does and we work together in mitigating the risks"
Chambers UK, A Client's Guide to the UK Legal Profession, 2014
The lawyers are able to present cases to an exceptional standard, in terms of both advocacy and legal principles"
Chambers UK, A Client's Guide to the UK Legal Profession, 2014