What the Regulatory Bodies Consider
In medical disciplinary proceedings, the GMC assesses whether your fitness to practise is impaired. Fitness to practise can be impaired by reason of misconduct, deficient professional performance, a conviction or caution, adverse physical or mental health, or a determination by another regulatory body. The overriding concern of the GMC and the MPTS is the protection of the public and the maintenance of public confidence in the medical profession. Panels consider the seriousness of the allegations, the extent of any departure from Good Medical Practice, whether there is evidence of remediation and insight, and the risk of repetition.
Types of Allegations
Physicians face disciplinary or regulatory proceedings from a wide range of circumstances, including clinical errors or poor clinical performance, prescribing irregularities, failure to obtain informed consent, dishonesty or financial impropriety, inappropriate relationships with patients, workplace misconduct including bullying or harassment, criminal convictions or cautions, health impairment including alcohol or substance dependency, concerns following serious untoward incidents or patient complaints, and adverse determinations by other regulatory or professional bodies.
Available Defences and Responses
The appropriate response depends on the nature of the allegations and the available evidence. In some cases, a comprehensive and well-evidenced response can have a referral closed at an early stage by demonstrating that the allegations are unfounded or that any concerns have been fully addressed. Where facts are not disputed, demonstrating genuine insight, remorse, and a commitment to remediation can be powerful mitigating factors. Where allegations are disputed, we challenge the evidence, identify inconsistencies in witness accounts, seek expert evidence, and present the strongest possible case at any hearing.
Evidence of Remediation
Our solicitors are experienced in gathering and presenting evidence of remediation in the most compelling way. This includes reflective statements demonstrating a genuine understanding of what went wrong and why, evidence of retraining, supervisory arrangements entered into voluntarily, testimonials from colleagues, employers, and treating clinicians, and any other material that supports a comprehensive picture of your commitment to patient safety and professional standards.
Using Your Professional Indemnity Insurance
Many physicians hold professional indemnity insurance through a medical defence organisation such as the MDU, MPS, or MDDUS. A significant number of professional indemnity and medical defence policies contain provisions permitting the insured to select their own legal representative, with the costs met by the insurer or defence organisation. We strongly recommend reviewing your policy before accepting any allocated representative — and we will review it with you at no obligation.