Tuesday, 28 July 2009

Victory is never easy.



You have got to be tough to win


Jobbing Doctor states that Remedy UK's victory is a small win. It is impossible to win these court judgments against the GMC. Witchdoctor tells it how it really is.

There is also coverage in the Telegraph. The vital issue is that the MMC fiasco destroyed lives and careers. It also placed patient care at substantial risk. If the GMC doesn't think that is important then they really have failed the medical profession.

The legal theory is difficult and rebel doctors often have to have a near perfect case to beat the establishment. I have won twice against the GMC and lost once. I probably lost because the judge was spectacularly tunnel visioned and didn't like me. I can't help that of course. It just goes to show that even with a high rate of success by Queens Counsel, things can go wrong in court. Those errors can never be corrected and one has to just live with the injustice. I have seen the GMC lie and cheat but then that's the GMC for you. They have never played a straight game as long as I have known them.

There are so many issues at play in court. To win - you have to be perfect. If you are careless , you lose. My lawyers know all about that.

Remedy UK's victory is no mean feat. It is a historical judgment against the General Medical Council and their failure to respect junior doctors and their rights. Permission for judicial review is rarely granted these days. When I won permission to judicial review the GMC, I was concerned because I knew the GMC would up its corrupt ways. I predicted correctly. Fighting a solitary battle opens you up to character assassinations and assumptions. Remedy UK though fights that kind of thing off extremely well. This is why as many doctors as possible should give Remedy UK their backing and support.

Doctors with single issue cases have rare chances of achieving justice. I believe my case shows that. This is why groups like Remedy UK are so vital to the land of medicine. This era needs to change with a different type of doctor - one that is not oppressive and one that believes in addressing injustice.

I am really pleased about Remedy UK's victory - I think the juniors of this country deserve to be counted. I hope the tide is changing and that there is recognition for the hard work done by Richard Marks and his team. I know Richard works above and beyond the call of duty for all he believes in. He has researched the case law, worked hard on the various arguments and instructed his legal representatives successfully. I think his hard work should be applauded. Victories like this are rare, a bit like gold dust. Once you have caught the gold dust, you have got to take it and run to the finishing line. Those who have never fought the General Medical Council will never know how hard it is to win against them. It requires dedication, hard work and determination.

As for the General Medical Council, they know which camps I live behind :). Khan v GMC only one example. There are many others.

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