Ward 87: Misconduct not Serious Professional Misconduct

Sunday, 2 May 2010

Misconduct not Serious Professional Misconduct

Blackstones v Blackstones

Hospital Doctor presents Remedy UK's summary of the up and coming case.

"The Remedy judicial review being heard on 11 May could drive a coach and horses through the meaning of serious professional misconduct, and the meaning of unfitness to practice"

Serious Professional Misconduct does not exist anymore. Section 35 of the Medical Act 1983 lists it as "misconduct". It was changed from Serious Professional Misconduct to "Misconduct" in 2004 to include all kinds of behavior.

Section 35[c][2] of the Medical Act 1983.

(2) A person's fitness to practise shall be regarded as "impaired" for the purposes of this Act by reason only of -

(a) misconduct;
(b) deficient professional performance;
(c) a conviction or caution in the British Islands for a criminal offence, or a conviction elsewhere for an offence which, if committed in England and Wales, would constitute a criminal offence;
(d) adverse physical or mental health;
(e) a determination by a body in the United Kingdom responsible under any enactment for the regulation of a health or social care profession to the effect that his fitness to practise as a member of that profession is impaired, or a determination by a regulatory body elsewhere to the same effect.

The accurate history of "misconduct" is listed by Doctors4Justice. It is worth reading possibly because I wrote it.

I was a great supporter of Remedy UK. I no longer support them following their gyroscopic attitude. Then one cannot expect much more of doctors with no view outside of their own agenda. I understood one issue about Remedy UK, no matter how much you support them, it is never reciprocated. I am not sure what my views are on this case or whether I actually care about it anymore. It does worry me that it is phenomenally easy for the GMC to prosecute doctors on minor issues. I am not sure that will be very popular with anyone in the medical arena. There is a risk that if Remedy UK wins, this may get worse. That is my only concern otherwise I am all for medical managers being taken down the GMC steps. After the judgment, perhaps Ferret Fancier can come on record and say how wonderful the GMC is. This is what he stated some months ago.

"Interestingly for all the rather ignorantly pro-quackery commentators the GMC seems to be doing a lot more right than the NMC, they wouldn't tell you that though. I'm not fan of the GMC but at least they are fairly thorough in investigating claims, the same can certainly not be said for the NMC"

We assume Ferret is in support of the GMC's stance on the MMC and would say they are "fairly thorough in investigating claims". Ferret was a great supporter of the MMC before he lost his internet duster.

Anything goes at the Royal Courts of Justice. Its a casino after all.

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About The Author

There is a lot of things most people can say about me but in reality I am NHS Whistleblower. In 1998, I followed the guidance set out in Good Medical Practice[GMC] and raised concerns about substandard care on Ward 87 North Staffordshire NHS Trust. I also raised concerns about the large number of Midlands Hospitals covered by West Midlands NHS Executive in 1999. Following the recordings of the HSMR scores, only Mid Staffordshire NHS Trust spiked their figures. This was due to the inordinately high death rates. These deaths could have been prevented had the government acted in 1999. There are many other hospitals with equally high death rates but 1000s have not raised the HSMR scores. The Mid Staffordshire Inquiry shows poor standards that are similar to many hospitals in the Midlands [particularly Distinct General Hospitals]. They were also the identical to the concerns raised by me in 1999, many years before.

In 2010 the CQC finally admitted that North Staffordshire had "significantly high mortality" in the years I raised concerns.

This blog follows my adventures as a whistleblower. It was written between 2008-2010. It seeks to present what the media have never done. I also aim to discuss a number of medical issues important in the NHS today. A short account of my experiences is presented here.

Essentially, I raised concerns in 1998, locally then to all the authorities, the GMC, Department of Health and Trust attempted to say there was no substance to my concerns. In 2005, I discovered that all authorities had concealed the 1998 and 2001 internal reports that verified my concerns. This is a brief step by step summary of the events related to Ward 87.

Between 2000-2002, the General Medical Council conducted a "discreet inquiry" into my Fitness to Practice. I was never told of this investigation until I discovered quite by accident following a subject access request under the Data Protection Act 1998. The GMC were subjected to litigation by me due to the illegal investigation and repeated leaks of prejudicial information to potential employers. They were beaten in court following the first litigation of its kind. The GMC settled the case in favour of me. During litigation, the GMC subjected me quite severe harassment by revolving door vexatious complaints - 2 in total. I was cleared of all of them. I was never subjected to any Fitness to Practise hearings. All complaints were thrown out at case examiner's stage despite the GMC's malevolent intentions.

The GMC subsequently erased me from the Register for non payment of subscription fees. It should be emphasized that I was never sanctioned or struck off has speculated by some bloggers. In total, I have been subjected to 4 years of complaints that had no relation to my clinical work. This has had catastrophic consequences to my work as a doctor and eventually caused the assassination of my references in 2007.

This led to the test case R v General Medical Council Ex Parte Pal with the intention of defining the definition of potential misconduct and preventing vexatious complaints against doctors. The complaints were made by Penny Mellor and her associate Fiona Wollard [ niece of Professor Sir Charles George].

While permission was granted by a judge with Employment Law experience, the final hearing was lost courtesy of Justice Sir Andrew Collins who made various statements. One was that the GMC was free to rule differently on two separate cases with exactly the same facts and the other was to widen the analysis of misconduct to include conduct outside the profession. Justice Sir Andrew Collins has sat on numerous cases related to the GMC. He has often failed to declare that his brother Dr Mark Collins was once prosecuted by the GMC for alliances in Clapham Common. Details of this can be read here.

The two diametrically opposite analysis of misconduct was also discovered following the GMC's submission to R v General Medical Council Ex Parte Remedy UK. Essentially, one analysis appears to be used for some foreign doctors and a different more lenient definition is used for establishment doctors such as Liam Donaldson. The GMC were essentially caught red handed touting two different analysis of misconduct in two cases. This discrepancy is currently being investigated by both the CHRE and the Equality and Human Rights Commission.

The defenses to all these cases have taken up 52 files. By comparison, the GMC refused to investigate the doctors on Ward 87 despite the fact that their conduct was directly related to clinical work. They continue to work in various positions in the UK. No one was held accountable despite 2 reports verifying my concerns. Moreover, the Health Commission refused to conduct a broader data study in relation to the Ward 87. The GMC and Ombudsman refused to inform the patients on the Ward of the 1998 and 2001 Reports. The Sentinel newspapers refused to feature a legitimate advert.

In 2009, after discussion with Dr Phil Hammond, he wrote an excellent piece in Private Eye. While the media have provided little or no support for these issues, I am indebted to my fellow bloggers - Dr Rant, The Jobbing Doctor, Dr John Crippen and Witchdoctor. This blog exists to protect other doctors who I hope will never tread the path of whistleblowing. It is a path paved with injustice. It also serves to show the public that they cannot legitimately expect doctors to raise concerns in such a dangerous terrain. This indeed places patient safety in great jeopardy.

This blog ended in February 2010 as it was unlikely that I would ever return to medicine. I have also decided to end this particular saga here. I hope this blog will educate, entertain and remind the public that whistleblowing is a dangerous escapade and no junior doctor has treaded the same path as I have for a reason. The terrain is unsafe and always has been. I would say that I have been relatively unsupported in my journey through whistleblowing but singlehandedly I have been able to undercover evidence and establish some very important issues regarding the dangers of whistleblowing. I have ceased to respond to the media but I am always very happy to discuss matters with the public.

Ward 87

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Sunday, 2 May 2010

Misconduct not Serious Professional Misconduct

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