Some welcomed guidance for data controllers: Court of Appeal confirms the correct test to be applied when considering a SAR concerning mixed data
Our regulatory lawyers have been advising and representing doctors for many years; having worked in health care regulation for over 40 years, we know the landscape, the organisations and the politics. We are independently recognised by the legal directories as leaders in the field. We have a proven track record for securing better than expected outcomes for doctors facing complaints before the General Medical Council, particularly in cases of alleged sexual misconduct and dishonesty.
The medical profession faces the twin pressures of increasingly pervasive regulation and an increased public appetite for seeking redress. During their careers, many doctors will face a GMC complaint or an allegation brought against them which, if serious, may threaten their reputation and ability to earn a living. Specialist legal advice is essential to ensure the best possible outcome when dealing with a General Medical Council (GMC) investigation, National Performers’ List issue or medical school fitness to practise investigation.
We have a sound understanding of the standards set by the GMC, such as Good Medical Practice, and the duties and responsibilities placed on doctors in their clinical everyday practice, as well as in their personal lives. We recognise the stress that can follow once a doctor is notified of an investigation or a hearing before the Medical Practitioners Tribunal Service (MPTS); we are available outside of your work hours to provide reassurance and support, as well as legal advice.
Many doctors fear that the involvement of the GMC will inexorably result in their case being referred to a public hearing before the MPTS. Our experience and indeed the statistics do not support this fear. The focus of our early work with our doctor clients is to get cases closed at the ‘Case Examiners’ stage; recognition, genuine insight and targeted remediation will often be key. Early engagement with the GMC’s investigation and the provision of a detailed and clearly reasoned response at this early stage can secure an unexpectedly favourable outcome.
Our clients are individually supported, right from the beginning of our instruction and assisted to understand the process they are involved in, their options and the best way through. Many of our doctor clients require the input of our specialist criminal, employment or reputation management teams (if they face a police investigation, suspension from work or possible adverse press reporting for example). We can quickly mobilise a diverse team of legal specialists to provide advice that looks at the problem from all angles.
We do not work for any of the medical defence unions. Our doctor clients are insured or self-funded; often having been rejected by their indemnity provider.
We have acted in the following recent matters :
We understand how daunting an investigation by your regulatory body can be; we will do all we can to support you throughout the process. We have produced an overview of the investigation process which you can view here. Take legal advice early on; even before completing the Work Details Form; there is no substitute to getting it right from the start.
The Interim Orders Tribunal does not make findings of fact. The purpose of the hearing is to decide whether a doctor’s practice needs to be restricted whilst an investigation is on-going. We will discuss with you the steps needed to prepare for this hearing, including collating relevant documents and evidence. Our experience helps us to accurately guide you as to the likely outcome and how to prepare for this.
Hearings are usually held in public, unless the allegation relates to the doctor’s health, or there is some other compelling reason why the hearing should be held in private. Prior to the formal opening of the hearing, any preliminary legal arguments may be raised and determined by the Tribunal.
The case will then be opened, by way of the charge being read and any admissions can be entered. Additionally, if any amendments to the charge are required, they will be dealt with at this stage.
Please see steps 7 to 8 of our brochure for further detail of what happens at a hearing which you can access here. We would advise you to be represented at an MPTS hearing as the Panel has the power to restrict your ability to practise in serious cases.
It is a requirement of Good Medical Practice that doctors who are registered promptly advise the GMC if, anywhere in the world:
We regularly assist doctors in obtaining registration with the GMC. We can discuss your individual needs with you, and provide you with advice on the steps required.
An appeal must be lodged with the relevant court within 28 days of the decision by the Tribunal and as such, you must act promptly. We will advise you on the merits of any appeal and assist you in preparing the grounds and in ensuring that the necessary documents are lodged with the court within the appropriate timescales. We will also ensure that you are appropriately represented at any hearing.
We offer assistance to doctors in staying up to date with legal and ethical issues, recent examples include:
We regularly update on cases and matters of interest which affect doctors. Examples can be accessed here:
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
When it comes to healthcare-related matters, Kingsley Napley LLP is a ‘force to be reckoned with’, and ‘shines as an exemplar of a quality practice"
Legal 500 UK 2013
Skip to content Home About Us Insights Services Contact Accessibility