The problem with having the incorrect tone is that it becomes unacceptable to the vast majority of upper class British establishment doctors. Of course, the fact remains that some of us have the incorrect tone and a fairly good IQ. Of course, this is naturally overlooked because it is assumed that only the doctors with the right kind of tone are able to perform in the accepted manner. I understood something about identity this week. My identity is that I am a British Indian. In the past, I was of the mistaken view that I was somehow identical to my British Caucasian counterparts. This mistake was really about me living in the United Kingdom. At the schools I went to, I was accepted my friends and colleagues. Of course, medicine is different. Medicine is filled with those who think they are fair but aren't really. It is filled with conceited children who really haven't developed the art of respect, friendship or team work. It is important to understand your place in society - because after that, you do not have to attempt to fit in somewhere you are just not accepted. I am not of course one of those Indians who evolve into everything that is an establishment Brit. We see them all the time, they hob nob around the GMC with their pointy silk handkerchief in their top pocket.
Anyhow, this was my email to the CHRE. Of course, unknown to the GMC and the CHRE, I mean business. I often write these things very quickly. This was done in about 10 minutes. I hope some doctors will find the material below useful.
Anyhow, this was my email to the CHRE. Of course, unknown to the GMC and the CHRE, I mean business. I often write these things very quickly. This was done in about 10 minutes. I hope some doctors will find the material below useful.
From: Rita Pal
To: Michael Andrews ; doctors4justice-@googlegroups.com ; ndickson@gmc-uk.org ; Jack Straw1 ; Neil Marshall (020 7189 5153) ; Blake Dobson (0161 923 6462)
Cc: info@equalityhumanrights.com
Sent: Monday, March 15, 2010 10:03 AM
Subject: Re: GMC Targeting the Ethnic Minority
Mr Andrews,
I am writing to you following the recent decision by the Equality Commission to look into the Police for targeting "ethnic minority groups". Please review the BBC article enclosed.
It is common knowledge that the General Medical Council have targeted the ethnic minority. The following is the research
1. BMJ 1994;308:875-876 (2 April) "Doctors from ethnic minority groups in Britain are six times more likely than white colleagues to be brought before the conduct committee of the General Medical Council (GMC), according to research released last week by the Medical Practitioners' Union. Dr Sam Everington and Dr Aneez Esmail found that between 1982 and 1991 a total of 402 doctors had been brought before the committee, of whom nearly 60% were from ethnic minorities. Fewer than one in five doctors in Britain is from an ethnic minority"
2. BMJ 2009;338:b1983 "Doctors who qualified outside the United Kingdom or Europe are still falling foul of the General Medical Council, the UK medical regulator, in greater numbers than their home-grown counterparts, new statistics from the GMC show.
Despite research looking into the disparity in 2000 and 2005, the GMC is still trying to identify the reasons; the disparity remains despite reforms to the council’s fitness to practise procedures in 2004.
The GMC’s 2008 fitness to practise statistics show that when initial complaints were triaged, 44% of those involving international medical graduates (those from outside the UK or Europe) went into the "serious" stream (stream 1, where a full investigation is carried out) compared with only 29% of those involving UK graduates"
Between 1994-2009 there appears to be a continued targetting of ethnic minority doctors. I understand the GMC have instigated a number of studies but this does not absolve them of all responsibilities under the Race Relations Act.
3. Through my own case, I have taken the time to demonstrate that the General Medical Council has been using variable analyses of the word "misconduct" for the ethnic minority and British caucasian groups. This is clearly demonstrated by R v General Medical Council Ex Parte Pal and R v General Medical Council Ex Parte Remedy UK. I have also raised the issue of inconsistency in decision making. As you are aware, the GMC promises to be "consistent" in their decision making process but fails to do so. I have provided the CHRE with ample cases to elucidate this point, most notably Dr Jane Barton as compared with Dr Prabhu Satya, Dr Shreedar Vaidya, Dr Gopakumar, Dr Helen Bright, Dr Sushant Varma, Tushar Bhadra, Dr Siddiq etc.
4. Until our complaint mid 2004/5 to the CRE, the General Medical Council had not recorded ethnicity statistics. This means they were in violation of the RRA for hundreds of years. The GMC was never admonished or penalised for this purposeful violation. See Appendix 1.
5. I have provided you with the Dr R K case where it is evident that the style of an British asian doctors emails and website writings are targeted where as British caucasian expressions are not targeted [ Rod Griffiths complaint] by the GMC. It is fair to say that the GMC has conducted a witch hunt by purposely seeking out charges against this doctor. Moreover, you are aware that Mark Shaw QC admitted in the R v General Medical Council Ex Parte Powell that the GMC was not "proactive" but reactive to concerns. Having misled a Court of Law, the GMC in the Rohen Kapurs case can be seen to be very proactive. It is clear again that R v GMC Ex Powell concerned British caucasian doctors. We assume that Mark Shaw QC for the GMC implied that the GMC was not proactive when it came to this ethnicity. To support this issue, I have cited the case R Pal v GMC 2004 where as an British Asian the style of my correspondence was the high water mark of the GMC investigation whereas caucasian doctors responsible for neglecting patients in 1998 [ Ward 87 North Staffordshire] were never admonished. Harris HHJ deemed this like a " totalitarian regime". The GMC subsequently apologized for the distress this behaviour caused but has subsequently continued this in 2009 against Dr K.
6. All allegations of racism has not been investigated by the GMC. Each time I have approached them with a complaint regarding discrimination, the GMC has failed to investigate these concerns and respond effectively.
You are fully aware that doctors have a civil right [ according to European case law] to practise medicine. At present, the GMC is breaching this right by allowing the institutional racism within its organisation. Each review done by yourselves has not addressed inconsistencies in decision making or equality. Each study done by the GMC has not addressed the fact that the GMC in itself is institutionally racist.
The rough statistics of complaints of the CHRE show that numerous doctors are approaching the CHRE citing that the GMC have been negligent. On each occasion, you have refused to deal with their concerns. We would therefore be grateful if you would kindly consider these concerns and ensure that they are either investigated by the GMC or by the Equalities and Human Rights Commission. I have forwarded this to the Equalities and Human Rights Commission.
I have forwarded this to the Equality and Human Rights Commission with the urgent request to take legal action against the General Medical Council for their illegal practices. Their enforcement team should be dealing with the GMC immediately.
The GMC's action is similar to the police, in that they are unfairly targting the ethnic minority with the net result of serious consequential loss and damages. The fact that the CHRE as the super regulator is responsible for overseeing the GMC will mean that it will also be responsible for the misdemeanors conducted by the GMC under their watch.
This document is written on behalf of my colleagues listed above.
Please confirm receipt of this document as this issue is due to be raised with further authorities.
Regards
Dr Rita Pal
cc Doctors4Justice.net
Appendix 1 From Doctors4Justice http://www.doctors4justice.net/2009/10/gmc-backed-down-on-ethnicity-data.html
The material below was written by Dr Sushant Varma. He details the evidence on Race Discrimination at the General Medical Council. Dr Varma's work directly led up to the change in the data collection procedures at the General Medical Council. The GMC commenced ethnicity data collection in 2007. Previously, no one could sue the GMC successfully or establish racial discrimination due to the lack of statistics. Discrimination law is dependent on statistics.
This was the main downfall in those who sued the GMC. Dr Sushant Varma noted this and made a formal complaint to the then Commission of Race Equality. Both Dr Pal and Dr Varma formally requested an investigation into the GMC citing that the GMC was in breach of the Race Relations Act. We pointed out that for 100 years plus, the GMC purposely failed to collect ethnicity data so that there was no finding of racial discrimination against them. An absence of statistics meant it was impossible to make a evidential finding of race discrimination.
In 2007, the response from the CRE was as follows
"As stated in my previous e'mail , the Enforcement and Public Duty team is currently in communication with the GMC , regarding allegations of a disproportionate representation of overseas doctors on their Fitness to Practice Panel investigations . This is a specific issue that we have become increasingly aware of and are therefore making enquiries on it in order that we can establish the best cause of action. We are also considering a similar approach with regards to the treatment of BME doctors"
As a direct result of this complaint supported by a number of members of Doctors4Justice, the CRE recommendations to the GMC effectively forced them to collect ethnicity data. Congratulations to Dr Varma who made history by this excellent research and work.
Dr Varma and Dr Pal's arguments to the CRE were cut and pasted for the GMC's document on ethnicity data here. The document trail between the GMC, CRE and ourselves detail the processes that led up to this landmark change. The GMC have marketed this issue as if it was miraculously their idea. The fact is that they refused to collect data until they were forced into a corner by the CRE.
GMC and Racial Discrimination - by Dr Sushant Varma -2006/2007
The evidence suggests that the GMC are tougher on foreign doctors if you read this article GMC tougher on foreign doctors (1) written in 2003 you will see evidence of this.
Concern was raised on this issue in Dame Janet Smith�s 5th report to the Shipman inquiry (2). Here the high court judge commented on the work of the policy studies institute in 1996, 2000 and 2003 finding the same
In February 2005 (3) Dr Surendra Kumar wrote an article in BIDA news (British International Doctors Association) expressing concern about the disproportionate number of overseas doctors facing hearings at the GMC. In response the president of the GMC said this is due to the fact that overseas doctors are more likely to be referred to the GMC. Whilst that may be partly true I have no doubt that there is discrimination.
Indeed if you go to www.bapio.co.uk you will see a recent story entitled BAPIO raises the issue of disproportionate disciplinary actions against ethnic minority doctors with the GMC. President Professor Sir Graeme Catto assures action. It seems that three years on nothing has changed.
Although the president- Professor Sir Graeme Catto has partially explained the problem by saying that a disproportionate number of overseas doctors are referred to the GMC (4) I have no doubt that there is discrimination.
For example Dr Peter Wilmshurst wrote a beautiful article (5) showing all sorts of issues. He has found gross inconsistencies as have I. For each time a foreign doctor gets disciplined by the GMC I can give you details of how a white doctor does worse and gets away with it.
For example if you look at (6) you will see an article showing how a final year medical student was caught cheating in her medical finals. I now have official confirmation that she faced no penalty.
If you look at my website www.examfraud.co.uk you will see that I was cheated of my medical degree due to wilful manipulation of evidence and procedures to ensure I failed exams. It reached such an extent that I was forced to have to take my exams externally. However after qualifying in medicine externally my medical school dean wrote to the GMC president alleging fraud. The president said that there were no grounds to take any action. 5 years in September 2006 on the GMC erased me from the medical register for precisely that. The GMC did nothing about those responsible for manipulating my exam results. (7).However on 21 December 2006 the GMC wrote to me after I made representations to the Information Commissioner saying that they had found memos showing that in August 2001 they knew that they could not take action against me on this matter.
In my case several facts are clear.
In 1998 a lecturer was caught manipulating evidence and procedures to ensure a non white student failed exams- an exam decision was overturned from fail to pass. The GMC did nothing. (7)
In 2000 a student at University College London was caught cheating in her finals- the GMC did nothing (6)
In 2001 a professor of medicine is caught manipulating evidence and procedures to ensure a non white student failed exams (www.examfraud.co.uk)
Instead of taking action against the professor and lecturer the GMC takes action against the student.
I would again ask that all FTC members sign my online petition.
(1) GMC tougher on foreign doctors 14 February 2003 http://news.bbc.co.uk/1/hi/health/2757243.stm
(2) Chapter 17 The Shipman Inquiry http://www.the-shipman-inquiry.org.uk/5r_page.asp?id=4715
(3) President�s Report BIDA news February 2005
(4) President looks back on a year of changes (page 4) GMC news June 2004 http://www.gmc-uk.org/publications/gmc_news_archive/gmcnewsjune04.pdf
(5) The General Medical Council a personal view Cardiology news October/November 2006 http://www.pinpointmedical.com/cardiology/article_archive/2006/ON06_gmc.pdf
(6) Cheating at medical school British Medical Journal 12 August 2000 http://www.bmj.com/cgi/content/full/321/7258/398
(7) Sushant Varma vs. Dr Steve Peters GMC reference FPD/1998/1234
Update on petitions
Since the preceding article was written the 10 Downing Street website has made itself available for petitions. Members of Freedom to Care are recommended additionally to sign the following petitions.
'We the undersigned petition the Prime Minister to Abolish the General Medical Council of the United Kingdom.'
http://petitions.pm.gov.uk/AbolishGMC/
'We the undersigned petition the Prime Minister to Investigate Allegations of Institutional Racism at the General Medical Council.'
http://petitions.pm.gov.uk/GMCRacism
It is common knowledge that the General Medical Council have targeted the ethnic minority. The following is the research
1. BMJ 1994;308:875-876 (2 April) "Doctors from ethnic minority groups in Britain are six times more likely than white colleagues to be brought before the conduct committee of the General Medical Council (GMC), according to research released last week by the Medical Practitioners' Union. Dr Sam Everington and Dr Aneez Esmail found that between 1982 and 1991 a total of 402 doctors had been brought before the committee, of whom nearly 60% were from ethnic minorities. Fewer than one in five doctors in Britain is from an ethnic minority"
2. BMJ 2009;338:b1983 "Doctors who qualified outside the United Kingdom or Europe are still falling foul of the General Medical Council, the UK medical regulator, in greater numbers than their home-grown counterparts, new statistics from the GMC show.
Despite research looking into the disparity in 2000 and 2005, the GMC is still trying to identify the reasons; the disparity remains despite reforms to the council’s fitness to practise procedures in 2004.
The GMC’s 2008 fitness to practise statistics show that when initial complaints were triaged, 44% of those involving international medical graduates (those from outside the UK or Europe) went into the "serious" stream (stream 1, where a full investigation is carried out) compared with only 29% of those involving UK graduates"
Between 1994-2009 there appears to be a continued targetting of ethnic minority doctors. I understand the GMC have instigated a number of studies but this does not absolve them of all responsibilities under the Race Relations Act.
3. Through my own case, I have taken the time to demonstrate that the General Medical Council has been using variable analyses of the word "misconduct" for the ethnic minority and British caucasian groups. This is clearly demonstrated by R v General Medical Council Ex Parte Pal and R v General Medical Council Ex Parte Remedy UK. I have also raised the issue of inconsistency in decision making. As you are aware, the GMC promises to be "consistent" in their decision making process but fails to do so. I have provided the CHRE with ample cases to elucidate this point, most notably Dr Jane Barton as compared with Dr Prabhu Satya, Dr Shreedar Vaidya, Dr Gopakumar, Dr Helen Bright, Dr Sushant Varma, Tushar Bhadra, Dr Siddiq etc.
4. Until our complaint mid 2004/5 to the CRE, the General Medical Council had not recorded ethnicity statistics. This means they were in violation of the RRA for hundreds of years. The GMC was never admonished or penalised for this purposeful violation. See Appendix 1.
5. I have provided you with the Dr R K case where it is evident that the style of an British asian doctors emails and website writings are targeted where as British caucasian expressions are not targeted [ Rod Griffiths complaint] by the GMC. It is fair to say that the GMC has conducted a witch hunt by purposely seeking out charges against this doctor. Moreover, you are aware that Mark Shaw QC admitted in the R v General Medical Council Ex Parte Powell that the GMC was not "proactive" but reactive to concerns. Having misled a Court of Law, the GMC in the Rohen Kapurs case can be seen to be very proactive. It is clear again that R v GMC Ex Powell concerned British caucasian doctors. We assume that Mark Shaw QC for the GMC implied that the GMC was not proactive when it came to this ethnicity. To support this issue, I have cited the case R Pal v GMC 2004 where as an British Asian the style of my correspondence was the high water mark of the GMC investigation whereas caucasian doctors responsible for neglecting patients in 1998 [ Ward 87 North Staffordshire] were never admonished. Harris HHJ deemed this like a " totalitarian regime". The GMC subsequently apologized for the distress this behaviour caused but has subsequently continued this in 2009 against Dr K.
6. All allegations of racism has not been investigated by the GMC. Each time I have approached them with a complaint regarding discrimination, the GMC has failed to investigate these concerns and respond effectively.
You are fully aware that doctors have a civil right [ according to European case law] to practise medicine. At present, the GMC is breaching this right by allowing the institutional racism within its organisation. Each review done by yourselves has not addressed inconsistencies in decision making or equality. Each study done by the GMC has not addressed the fact that the GMC in itself is institutionally racist.
The rough statistics of complaints of the CHRE show that numerous doctors are approaching the CHRE citing that the GMC have been negligent. On each occasion, you have refused to deal with their concerns. We would therefore be grateful if you would kindly consider these concerns and ensure that they are either investigated by the GMC or by the Equalities and Human Rights Commission. I have forwarded this to the Equalities and Human Rights Commission.
I have forwarded this to the Equality and Human Rights Commission with the urgent request to take legal action against the General Medical Council for their illegal practices. Their enforcement team should be dealing with the GMC immediately.
The GMC's action is similar to the police, in that they are unfairly targting the ethnic minority with the net result of serious consequential loss and damages. The fact that the CHRE as the super regulator is responsible for overseeing the GMC will mean that it will also be responsible for the misdemeanors conducted by the GMC under their watch.
This document is written on behalf of my colleagues listed above.
Please confirm receipt of this document as this issue is due to be raised with further authorities.
Regards
Dr Rita Pal
cc Doctors4Justice.net
Appendix 1 From Doctors4Justice http://www.doctors4justice.net/2009/10/gmc-backed-down-on-ethnicity-data.html
The material below was written by Dr Sushant Varma. He details the evidence on Race Discrimination at the General Medical Council. Dr Varma's work directly led up to the change in the data collection procedures at the General Medical Council. The GMC commenced ethnicity data collection in 2007. Previously, no one could sue the GMC successfully or establish racial discrimination due to the lack of statistics. Discrimination law is dependent on statistics.
This was the main downfall in those who sued the GMC. Dr Sushant Varma noted this and made a formal complaint to the then Commission of Race Equality. Both Dr Pal and Dr Varma formally requested an investigation into the GMC citing that the GMC was in breach of the Race Relations Act. We pointed out that for 100 years plus, the GMC purposely failed to collect ethnicity data so that there was no finding of racial discrimination against them. An absence of statistics meant it was impossible to make a evidential finding of race discrimination.
In 2007, the response from the CRE was as follows
"As stated in my previous e'mail , the Enforcement and Public Duty team is currently in communication with the GMC , regarding allegations of a disproportionate representation of overseas doctors on their Fitness to Practice Panel investigations . This is a specific issue that we have become increasingly aware of and are therefore making enquiries on it in order that we can establish the best cause of action. We are also considering a similar approach with regards to the treatment of BME doctors"
As a direct result of this complaint supported by a number of members of Doctors4Justice, the CRE recommendations to the GMC effectively forced them to collect ethnicity data. Congratulations to Dr Varma who made history by this excellent research and work.
Dr Varma and Dr Pal's arguments to the CRE were cut and pasted for the GMC's document on ethnicity data here. The document trail between the GMC, CRE and ourselves detail the processes that led up to this landmark change. The GMC have marketed this issue as if it was miraculously their idea. The fact is that they refused to collect data until they were forced into a corner by the CRE.
GMC and Racial Discrimination - by Dr Sushant Varma -2006/2007
The evidence suggests that the GMC are tougher on foreign doctors if you read this article GMC tougher on foreign doctors (1) written in 2003 you will see evidence of this.
Concern was raised on this issue in Dame Janet Smith�s 5th report to the Shipman inquiry (2). Here the high court judge commented on the work of the policy studies institute in 1996, 2000 and 2003 finding the same
In February 2005 (3) Dr Surendra Kumar wrote an article in BIDA news (British International Doctors Association) expressing concern about the disproportionate number of overseas doctors facing hearings at the GMC. In response the president of the GMC said this is due to the fact that overseas doctors are more likely to be referred to the GMC. Whilst that may be partly true I have no doubt that there is discrimination.
Indeed if you go to www.bapio.co.uk you will see a recent story entitled BAPIO raises the issue of disproportionate disciplinary actions against ethnic minority doctors with the GMC. President Professor Sir Graeme Catto assures action. It seems that three years on nothing has changed.
Although the president- Professor Sir Graeme Catto has partially explained the problem by saying that a disproportionate number of overseas doctors are referred to the GMC (4) I have no doubt that there is discrimination.
For example Dr Peter Wilmshurst wrote a beautiful article (5) showing all sorts of issues. He has found gross inconsistencies as have I. For each time a foreign doctor gets disciplined by the GMC I can give you details of how a white doctor does worse and gets away with it.
For example if you look at (6) you will see an article showing how a final year medical student was caught cheating in her medical finals. I now have official confirmation that she faced no penalty.
If you look at my website www.examfraud.co.uk you will see that I was cheated of my medical degree due to wilful manipulation of evidence and procedures to ensure I failed exams. It reached such an extent that I was forced to have to take my exams externally. However after qualifying in medicine externally my medical school dean wrote to the GMC president alleging fraud. The president said that there were no grounds to take any action. 5 years in September 2006 on the GMC erased me from the medical register for precisely that. The GMC did nothing about those responsible for manipulating my exam results. (7).However on 21 December 2006 the GMC wrote to me after I made representations to the Information Commissioner saying that they had found memos showing that in August 2001 they knew that they could not take action against me on this matter.
In my case several facts are clear.
In 1998 a lecturer was caught manipulating evidence and procedures to ensure a non white student failed exams- an exam decision was overturned from fail to pass. The GMC did nothing. (7)
In 2000 a student at University College London was caught cheating in her finals- the GMC did nothing (6)
In 2001 a professor of medicine is caught manipulating evidence and procedures to ensure a non white student failed exams (www.examfraud.co.uk)
Instead of taking action against the professor and lecturer the GMC takes action against the student.
I would again ask that all FTC members sign my online petition.
(1) GMC tougher on foreign doctors 14 February 2003 http://news.bbc.co.uk/1/hi/health/2757243.stm
(2) Chapter 17 The Shipman Inquiry http://www.the-shipman-inquiry.org.uk/5r_page.asp?id=4715
(3) President�s Report BIDA news February 2005
(4) President looks back on a year of changes (page 4) GMC news June 2004 http://www.gmc-uk.org/publications/gmc_news_archive/gmcnewsjune04.pdf
(5) The General Medical Council a personal view Cardiology news October/November 2006 http://www.pinpointmedical.com/cardiology/article_archive/2006/ON06_gmc.pdf
(6) Cheating at medical school British Medical Journal 12 August 2000 http://www.bmj.com/cgi/content/full/321/7258/398
(7) Sushant Varma vs. Dr Steve Peters GMC reference FPD/1998/1234
Update on petitions
Since the preceding article was written the 10 Downing Street website has made itself available for petitions. Members of Freedom to Care are recommended additionally to sign the following petitions.
'We the undersigned petition the Prime Minister to Abolish the General Medical Council of the United Kingdom.'
http://petitions.pm.gov.uk/AbolishGMC/
'We the undersigned petition the Prime Minister to Investigate Allegations of Institutional Racism at the General Medical Council.'
http://petitions.pm.gov.uk/GMCRacism
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