Preferring Criminals to Whistleblowers

 

I wrote about Dr Goodhead's favourite psychiatrist a few days ago. Read here for more gossip. During the hearing Pal v Doncaster NHS Trust [ an Employment Tribunal case], I watched the entire group of psychiatrists line up in support of Dr Kamyuka. Kamyuka has more criminal records than Imelda Markos has shoes. The interesting thing about Kamyuka is that he is a master at deception. I know this because I worked in the opposite ward at Kettering General Hospital. Because my English was better, I was asked to cover for him, rewrite his scripts, redo his bloods and essentially do whatever was required. This is called being a "mug" because your consultants ask you to be one.

In the end, after Northamptonshire NHS Trust found out I was a whistleblower, they all decided that they unanimously preferred Dr Kamyuka. Despite working for nearly 5 years in the National Health Service and obtaining multiple recommendations, I was refused Section 12[2] [ Approval under the Mental Health Act for Psychiatrists] by Dr Goodhead and team. For all those who don't know, Dr David Goodhead is an elderly psychiatrist who doesn't do much these days. His years of being a nasty person have taken a toll on him.

I wasn't the only one he refused Section 12[2] approval to. Dr India who had worked for longer was refused as well. Goodhead is infamous for his discriminatory ways. Indeed, Dr Bescoby Chambers knows all about this and once discussed it on Doctors.net.uk. The ripples of the Section 12[2] battle continues because when I told the world the Kamyuka was a master at deception, they all called it sour grapes

The entire panel unanimously gave Kamyuka Section 12[2] and following his warning at the GMC and subsequent investigation, they renewed the accolade. Of course, to Dr Goodhead, it is just another way at proving how trully dysfunctional he really is. Somehow repeating the Section 12[2] approval justifies how right the Trust was.

During the above challenge and Goodhead was becoming quite hot headed and at one point suggested that the GMC look at my mental health. Dr India and I were tired of his antics of course. We yawned at his letter to the GMC and truly wished he would just shut his trap like a good boy.

These days, I wonder who looks the real fool. Kamyuka was found guilty of forging a prescription recently, given 100 hours community service and a fine. Dr Goodhead, we believe continues to support him. I think one of these days, I ought to put up some of their meeting notes and statements - they contain glorious support for Dr Kamyuka whereas their stance is as specified below. Please note, while Kamyuka did not have to obtain postgraduate qualifications for Section 12[2] approval, apparently I and Dr India as British qualified doctors, had to. Kamyuka was spectacularly supported numbers members of the Royal College of Psychiatrists - one Dr Neil Holden was practically in love with the man. A notable issue about Kamyuka is that the panel took his "limited registration" experience as superior to "post registration experience". This was of course unheard of until this approval.

So while I watch Kamyuka's criminal record unfold, it should be noted that in this case, the medical profession prefers a criminal to a whistleblower. The case progresses to a GMC Hearing.

Dr Skarsten below was given warning for his efforts to decieve everyone on behalf of Dr Kamyuka. While he refers to a "litigious stance below", he resorted to a similar stance himself when he sued Northamptonshire Mental Health Trust. How ironic.

This case has been played out online to demonstrate the conceited nature of a string of well known Psychiatrists. Their love for a criminal is touching really. I observe this state of affairs which is essentially satellite medical mobbing. These doctors again feel it is their duty to the great medical establishment to make life as difficult as possible for the whistleblower. Personally, in my view, all the consultants were rather dysfunctional with personalities that had not evolved beyond the playground. This applies to Dr David Goodhead. A little boy in a big playground with no accountability. Of course, he is going to misbehave.

So why did I do medicine again? If someone had told me " Hey Reets, the entire spectrum of medicine is filled with Class A assholes", I wouldn't have become a doctor. 

Anyhow, its all fun in love and war - I can stand at the rooftop and say " I was right "  [yet again] and no one will probably give a damn. Then I am probably right 95 percent of the time :) [ and modest].

17th September 2004

Dr Goodhead
Chairman of East Midlands and Yorkshire
Section 12 Accreditation panel
Department of Psychiatry
Doncaster Royal Infirmary
Armthorpe Road
Doncaster
DN25LT

Dear Dr Goodhead

I am writing to clarify my position regarding Rita Pal who is a appealing against the decision to defer approval of her Section 12 status until she has achieved a specialist qualification in line with the revised guidelines for Section 12 approval.

Dr Pal was clinically competent enough for consideration for Section 12 approval. However, I am disconcerted that she has resorted to a litigious stance regarding the panel who after all are unpaid volunteers. Philosophically Dr Kamyuka is in the twilight of his career, whereas Dr Pal is at the start of her career and should consider qualifications as a stepping stone to advancement.

Yours sincerely

Dr Anders Skarsten
Consultant Psychiatrist

Roll up, Roll Up. Calling All Whistleblowers

Stop mooing - start making a difference. Contact Remedy UK 

So we note that few whistleblowers are prepared to showcase their specific experiences. So who is going to be the superhero? Well, everyone trusts the BMA  but fail to understand that the BMA are wholly responsible for most of the shut down behaviour conducted by Trusts, the GMC etc etc. El Gov have been playing the same broken record for numerous years.

Since Sandy Macara was outed as freemason of the year and trouser leg supermo, we can safely assume that the British Medical Association are filled with clubby chummy networked trouser leg supremos. We know this from the research done by numerous people who have attended these various chummy clubby meetings. The BMA is the establishment and they are part of the problem - when it comes to whistleblowers.The establishment's modus operandi is to silence whistleblowers and all doctors who "step out of line".

What beats me is this, every single whistleblower sits and blows their whistle, gets shafted then starts to fear, fear itself. It is an established fact that no single case whistleblower can change the system on their own. I therefore have no idea what the reluctance of going to Remedy UK is all about. This is why nothing gets done- each whistleblower sits around mooing like a large Friesian cow failing to even understand the wider concept of playing a part in changing the system. One of the post whistleblowing traits is the fact that many pontificate intellectually then essentially get nowhere as they become unable to make positive decisions. Well, approaching Remedy UK is a positive decision. I wish I had a Remedy UK when I was a junior doctor then I wouldn't have had copious amounts of rubbish thrown at me by the establishment.

In the year 2000/2001 there was a BMA Conference on Whistleblowers. Numerous doctors stood up and accused the panel of failing to support whistleblowers. So, if that can be done at BMA Towers, why can't their cases be presented to Remedy UK? Seriously, there are no superheroes in the world - MPs are complete failures, the BMA has vested interests and will sell out their whistleblowers at the drop of a hat. So who is left? I would view the Remedy UK campaign as the last opportunity for any organisation to make a difference.

In my view [ and this is the view of 10 years experience in this specific whistleblowing cesspit], if you as a whistleblower miss the boat on the Whistleblowing campaign and fail to do your bit to improve the situation then quite frankly no whistleblower has a right to moan about the way they have been treated. I do wish that many whistleblowers would stop being selfish gyroscopic creatures and start looking at the situation as a whole. Together, we can make a difference. It is just a question of understanding that.

So do it today, make a difference and raise your case with Remedy UK.  They need cases to make a difference and to understand the manner in which the system should be improved. Without your cases, they won't be an improvement. It is as simple as that. If there is no improvement, we will have to listen to El Gov's broken Cliff Richard again and again.

Calling all whistleblowers - Remedy UK Needs You

 Hunky Matt Shaw to your rescue

Remedy UK, the UK's premier rebel campaign group has set up a laudable campaign to raise the plight of whistleblowers. I am not sure we are all into kinky gagging games as the website illustration implies but nevertheless, I think it is about time Remedy UK took over this vital campaign. Remedy UK apparently needs whistleblower cases. Those who wish to sail with Remedy UK can contact them here.

I am not really fond of the Public Interest Disclosure Act. In my own specific problem which was " being hunted down by the GMC", PIDA was not applicable. I think there is a big difference between whistleblowing and actually being forced to litigate. Firstly, before whistleblowing, consider joining a trade union that is not the British Medical Association. When I needed representation, the BMA was representing the consultants who caused the problem in the first place. Without a supportive trade union, the going is really really tough. The proposed remedy by the El Gov is this - you blow the whistle, get shafted, lose your livelihood and then sue for something pitiful that doesn't actually have any impact on your life after being killed off by your employers.

In this day and age, whistleblowing is not advisable. I told Richard "Dishpot" Marks that most whistleblowers are like frightened little rabbits in a hutch and feeding them lettuce just doesn't make them better. If you are going to blow the whistle, there is no point cowering after the event. That is part of the problem with doctors, they do something for the great and good of humanity then they spontaneously combust when the going gets tough. Of course, the going gets tough when you whistleblow and unless you have your wits about you, you end up in quick sand. The only solution to medical mobbing or sham peer review is to mount a robust defence. I think some of the tactical defences I have constructed have been complex. My aim though was to extract the evidence to prove my position as a whistleblower. I think evidence harvesting is probably the most difficult task of all. Its done by making Data Protection Act and Freedom of Information Act requests. For some whistleblowers, even making these simple requests becomes a difficult decision. Remedy UK will no doubt meet various personalities who are whistleblowers. Anyhow, for those who need a superhero, Remedy UK is probably the best and most trustworthy organisation to deal with the cases. Everyone else can be a superhero all on their own. I appreciate the need for superheroes because some whistleblowers raise concerns but just haven't got the mental or physical stamina to see it through. This is why it its vital for Remedy UK to fly the flag for those with relatively silent voices and whose cases are vital in the appraisal of whistleblowing [ as dealt with by the United Kingdom].

I hope Remedy UK send their findings/data to the European Commissioner of Human Rights. I think the UK should be held to account for their failure to put policies in place to protect whistleblowers.

Pope Mania

I woke up this morning unable to watch any decent bit of news on British Television so I had to resort to CNN. Pope mania has clearly hit England and I am not the least bit excited. The churches are attempting to do what the government does - build a nice surface thereby hiding the disgraceful child abuse the church was responsible for. For the crimes committed against humanity, any other organisation would be disbanded. Anyhow, now we see that more people pay attention to the Pope than the deaths and neglect in the National Health Service.  I recall a tale about the Vatican. A friend of mine sought sanctuary for a elderly lady trapped in the UK. The Vatican informed him that they did not allow women. How is that equal treatment?

As for God, I have a open mind about such things. I really don't want to end up dead and discovering that God had clipped my wings for being a disbeliever. I keep it neutral. I honestly do not think that God would appreciate religion and I am not quite sure why we have religion in the first place. A Bengali holy man -Ram Krishna once said, all religions lead to one God, so why not just believe in God.  The issue about religion is that everyone but the worshipper makes money from it. Even the Bible is a manufactured book with lost chapters that has been edited for various agendas. Media relations is not a new concept. Religion has historically protected the uncomfortable secrets and the truth. It has delivered what it sees fit. It is usually a finely watered down version of reality. 

I am not quite sure why the world is excited by the Pope, perhaps it is because so many people believe in religions and want to believe that the Pope has some special connection to the Big "G" guy. Perhaps it is merely a product of the kind of insecure and unhappy society we have today.

Swept Under the Carpet

Over the years, I have observed many behaviour patterns exhibited by the establishment. One of the most important notes to make here is the establishment's art of ensuring that no one is held accountable for misdemeanors or harm caused to individuals. One of the General Medical Council's favourite way is to say " That was in the past, we have improved and we are now in the present". By doing this, the GMC circumvents all the problems of the past. They do not examine the problems nor do they address how matters could improve. This specific pattern can be observed with establishment trade unions like the British Medical Association. The British Medical Association have historically failed legions of doctors. They only reason they are left standing is because no one can be bothered to sue them. Unknown to most people, before Irwin Mitchell took over their legal work, their internal solicitors were found guilty by the then Solicitors Disciplinary Tribunal. The BMA's failures are legendary. Nevertheless, the BMA and its numerous Chairmen over the years have insisted that that was then and this is now. 

Promises are repeatedly made in many meetings or inquiries. These promises are never kept. The Bristol Inquiry was one such place where numerous promises were made to whistleblower kind. Sadly, none of these promises were ever kept.

It has taken me numerous years to prove that I was right. Days and nights of working hard on FOIA and DPA requests, extracting data, making complaints with a view to extracting data etc. When the evidence is finally there, the above establishments will say - ah well, that was in the past. Indeed, this was the response from Public Concern at Work. The problem was, no one looked back and said " what can we learn from this"? If they had done, Mid Staffordshire fiasco would never have happened. This is one of the problems with the United Kingdom. The authorities have a strange idea of accountability. Perhaps historically, that was the British way of doing this - hide the disasters under the carpet and move on thereby pretending it never ever happened.

When we all look at the British system, it is fragmented, shattered and filled with incompetent bureaucrats who cannot address basic issues. Their incompetence is subsequently reflected on the whistleblower - a bit like transference - they cannot blame themselves so they blame and discredit the messenger. Of course, I would never wish anyone to down the road, I have been down. It is not for the fainthearted or those who are afraid of fear itself. One of the main problems with whistleblowers is that they have this idealistic vision of doing something for the "public good" and few understand or even bother to read about the repercussions.  Having thrown themselves in the pit with all the vipers, most then expect the world to save them. Of course, there aren't any superheroes in the world, as a whistleblower - you only have your own wits to rely upon. For some situations, that isn't enough.

Dishpot Richard Marks told me today that the authorities discredit whistleblowers by saying they are mad and the system can drive them mad. Perhaps that is so. Perhaps whistleblowers really do suffer from fragmented personality. Stress does interesting things to many people's mental state. For me, I suppose, the impact was "not to take no for a answer" and to be even more determined to continue forward. I am perhaps a little rattier than I would normally have been. Overall though I have learned to enjoy living and life a little more.

I have no doubts that the system may well drive whistleblowers to the end of the cliff. The trick is not to allow the system to drive you there. I am not perfect by any means but one part of winning against the system is to keep going no matter what. This is really a mindset. The power of the mind is an amazing thing. Just because the system is dysfunctional and inadequate does not mean whistleblowers should pay a high price. That is the way I look at the system around me anyway. 

Fascinating Captain GMC

Today, a letter landed in my email box. The GMC is learning how to limit themselves to email rather than clogging my post box. Apparently, after smiting me down in the past, referring to me as a persons whose complaints "went nowhere", they have take up the most interesting one. It has taken 5 years from initial complaint, to the complaint being thrown out, to me winning a Rule 12 application, to Neil Marshall denying the doctor had a criminal record. When I asked that the GMC investigate the matter in the Magistrates Court, they accused me of a "fishing" expedition. I subsequently, discovered the criminal record and forwarded this to the GMC. There were numerous huffs everywhere. The GMC went silent for 8 months. Today, the GMC has taken it forward to a substantive hearing. Of course, had it not been for my persistence, there wouldn't have been a hearing. 

What is the most fascinating aspect of this specific issue is that I am currently amusing myself as I watch the Royal College of Psychiatrists hold their heads in shame. Dinesh Bhugra, President of the Royal College stamped his approval for this doctor. Numerous psychiatrists supported him through every job, every application and at every single step. Few people noticed that everything was based on false statements.  

Contrary to perceptions, it is not easy for me to succeed in anything at the GMC. I have to work hard at it and I have had to be better at GMC jurisprudence than the average bear. This has been a very hard task requiring hard work and determination. 

Peter Wilmshurst once stated that we sometimes have to work with the GMC because they are all we have to bring bad doctors to account. I am going to need I.V chocolate. Me work with the GMC? I suppose I could bite my lip for the greater good. Whatever the greater good is. 

Cheers Dinesh! Here is to your man being tried at the GMC :). 

Starry Eyed

The problem with many teenies going off to Uni is the fact that they all think they know "everything". I have found this with Hobbits and I tend to just remain silent while they all talk about themselves and their aspirations. I asked one whether it had reflected on its choice in medicine. I advised " You should read around medicopolitics, the fact that many F1s are leaving the UK, the fact that assessments are killing most doctors etc". The response was a blatant shut down. One perks up " Just because your experience was bad, doesn't mean ours will be". Of course, that is true. What is also true is that few doctors are staying in UK medicine. There must be a reason for that. I know the medical fraternity are working on degrees like the EMDP [at Kings] to develop doctors who are "grateful to the establishment for pulling them out of poverty". This no doubt will create a workforce that is grateful and one that does not challenge the status quo or indeed think about it. I have found that the analytical ability of teenagers today is considerably poorer than it used to be. Most are starry eyed, never listen to older people and will do whatever they feel is right without researching or considering the fact that medicine may or may not be the correct career choice. 

For me medicine was a career choice because I was bright, determined and probably would have been successful in anything I put my mind to. My motivation as to help people. I know some of my colleagues are largely motivated by the kudos that medicine brings. There is no doubt a huge amount of kudos but I have often found that tiring in many ways. This is potentially why, I walk around the earth without sporting my "Dr" title too often. It just annoys me that people get so starry eyed about the title. I often think for most teenagers, the glamour of medicine is what attracts them to the career. They then spend the rest of their lives in medicine living up to the image. 

If I had my time again, I would probably do English Literature at University. A much more laudable and human subject, more suited to my nature and I probably would have had far more decent friends who were more developed in their ability to be "human". That is probably my biggest regret. I find many people in medicine to be two dimensional, egotistical, largely indecisive and driven by the decadence of society. When I attend parties with doctors, all they tend to talk about is themselves.

Had someone told me that as a teenager, I would never have entered medicine. It is probably quite important to consider your personality and ask yourself  " what do I want out of life" then progressing to make an assessment of whether medicine or any other career suits you. This is probably a better way to decide upon a career path.

Lastly, I think 18 is far too early to decide whether medicine is the right thing. I am all for students taking a year out, orientating themselves with the world, the opposite sex and being independent. Decisions made at 18 may become bad ones at the age of 30. Mature students probably have more of an idea about who they are in the world. Perhaps they even make better doctors. At least during my time teaching medical students, I felt that the mature students were better equipped while the younger ones remained starry eyed and hell bent on telling everyone they are in medicine and they got AAA. Perhaps this may well be an ageist comment but it is only an observation of teenager kind.

Social Mobility

Yesterday, I featured a You Tube video about Virginia Jibowu. The most interesting aspect of this case is that the EMDP programme at Kings College London is the brain child of Mr Common Purpose himself Cyril Chantler. Cyril and his friends think that poor kids like to be given entrance into medical school through a special programme where the entry grades are lowered. In reality, this has caused resentment between the MBBS candidates and the EMDP students. This is understandable. Conflict is expected in any system which segregates.

I dissected the issue of social mobility some time ago. The link is here. This is essentially a New Labour concept. What New Labour has not banked on is the fact that people from poverty stricken areas may not want to be treated like disabled people - given special treatment and treated as lesser human beings. They may just want to have the equal treatment. They may even want to compete in the same pool as every other student.

I think the EMDP should be banned and its funding pulled. There are many ways to encourage a cross sectional socioeconomic class into medicine. The EMDP is not the right way forward.

I think the issue with Virginia is a large neon warning sign. One day the conflict between the EMDP and the MBBS will probably end the life of some poor student.That is the result of the Kings Management failing to take legitimate concerns seriously.

Kings College London. The Social Experiment

Julie

 My friend Julie.

Julie lost her mother recently. As usual, I am probably the last person to find out about it probably because I am so tunnel visioned about many things.

She writes her post here.

"The past few weeks have been pretty weird. Up until a few weeks ago, I had a solid identity as Mum's carer. The house was like Hotel Central, with a steady procession of district nurses, carers and doctors dropping in and out. I had a limited amount of time in which I could go out and always had to be back for a certain time. Now they have all melted away and I feel like a satellite that has dropped out of orbit. Life has rewound to thirteen years previously, when I had finished my degree and diploma in music and I didn't have a clue where I was going with it. And yet." 

I have followed Julie's adventures as a carer for a while. She is and always will be one of the most admirable people I have ever had the pleasure of knowing. She sacrificed much of herself for the sake of caring for her mother. That is always a sign of someone truly special, kind and generous. People like that are rare in this world. We live in a modern society where our elders are usually shoved off to a old people's home so that we can all get on with our lives. I have seen many people as a doctor. I have seen the way,their grown children leave them in residential homes and forget about them when their usefulness comes to an end. I have seen people like this in hospitals and nursing homes who are terribly lonely. As doctors, we always try our best to give them that one friendly smile. Kindness is of course free.

It is though rare these days to see a daughter lovingly take care of her mother as Julie did.

A little known fact to the world around me is my role as a carer from the age of 10. I suppose, I had been embarrassed of identifying myself as one. My father was a disabled man at the age of 52 when encephalitis hit him. My world had turned upside down. Since the age of 10, I have desperately tried to turn my world the right way up. I had spent years concealing who I really was as the word "carer" carried a kind of stigma. No one would understand why I opted to take care of my father.  So many doctors kept telling me to place my father in a home but I refused. I made it to medical school despite all the odds being set against me. I quietly did my best and defied all the predictions of what carers should be. I wasn't going to just have an NVQ in care as many carers organisations expect. I was going to do my best without making any excuses whatsoever. I suppose over the years, I have become extremely good at concealing many aspects of my life. Perhaps, I just did not want people to perceive this as a weakness. After all, in the world of medicine, caring for family is an alien concept. Sure, the work system understands "mothers and babies" but the same respect is not given to carers as such.

I had responsibility and few understood what this responsibility meant. When I commenced working as a doctor, I paid for my father's rehabilitation to ensure maximum independence. When Ward 87 happened, the NHS assassinated the support system for my family. When the GMC hunted me down, I prayed everyday just to be able to work for the years my father needed supporting. Despite being a fugitive and working in fear, I managed to support everyone. I think this concept is missed when doctors are essentially assassinated for no reason whatsoever. The NHS is often gleeful in maliciously assassinating good doctors but fails to understand how many members of their family depend on that doctor.

During my time in the NHS, I would complete oncalls, return home to complete further care and sleepless nights. I would say my maximum time of sleep was about 2 hours per week. It is true that I learned to  work efficiently and faster than many of my colleagues. I didn't have the comfort zone of being able to make any errors.

During the last six months of his life in 2005, I cannot remember having any sleep at all for weeks on end. When he died, life seemed more difficult than the time he was alive. I am not really sure why. It just happened to be the case. I cared less and less about the GMC and their sniffer hound behaviour. Losing a parent is extremely difficult and traumatic and no other type of loss compares with it. My viewpoint of the world was that everything was largely irrelevant and there was no point being uptight about anything.

I learned many things when I was a carer - I learned to survive better than most people and I learned to survive independently. I have never ever regretted my decision to take care of my father. I did it because I wanted to and because I respected him for all he taught me. There are many education systems in our world. I think my father's was the best.

When people we love die, there is though always light at the end of the tunnel despite the initial shock and devastation. I recently told Julie that death is a transitional phase much like evolution and physics. It is also part of life. Nothing is ever the very end. Sometimes, it is just the beginning.

Concentration down to zero

.

All was well today in my world of work until Dr India emailed me. This is the link he sent. I converted Dr India quite a while ago and persuaded him that chocolate was the key to most things in life. After reviewing the link containing the very novel idea of  a chocolate pizza, I can't now concentrate.

R v GMC Ex Parte Remedy UK and R v GMC Ex Parte Pal. The Ultimate Dissection

Demanding Attention For This Boring Subject Related to the GMC. 

Richard Marks has always been a dish.  I think one of the most important aspects of my life is having the luck of associating with such dashing men. It is of course a hard life but someone has to lead it and it might as well be me. As most people will appreciate, I have my priorities in life - charming men being highest on my list of rebel accessories.

Marks has been busy. He has been fraternising with Peter Gooderham who I am not greatly fond of. Peter's days of claiming the success of pre-determinations appears to be over. Peter once did a rather overindulgent speech for the world but purposely missed out Pal v GMC 2004 during that speech. Anyhow, what can we say of a man whose best friend once suggested that I be referred to the GMC for the colours used on a blog [Oh yes, and we have the emails to prove this Peter]. It is therefore fascinating that he refers to my loss in court as referred to in this piece featured in BMJ Careers. This is what they state in their piece

"Secondly, the interpretation of the phrase “the doctor’s profession is incidental to the matter” has been made less easy to understand. It seems now that two doctors exercising huge influence over the delivery of health care are immune from GMC proceedings because their role is insufficiently close to patients. But this assertion (which is disputed by RemedyUK) cannot be reconciled with another GMC case, upheld by a High Court judge,[6] where it was ruled that a doctor who was no longer engaged in medical practice should nevertheless be investigated for possible misconduct after she had written something on a blog unrelated to medicine. This is completely inconsistent. Is there one rule for doctors working for the government, and a different rule for doctors who, in a manner wholly unrelated to clinical practice, express their opinions? Doctors and their regulators need new and explicit guidance on what sort of actions away from their clinical work can fall within the scope of fitness to practise"

I must though correct the above statement slightly here. Firstly, at the time I was indeed engaged in medical practice [ Psychiatry] and secondly the emphasis should have been on the fact that it was not what I had written on the blog but that I had linked to a public document. The "Link" was enough to engage a Stream 1 investigation meant for murders, liars and cheats. It should also be noted that in a case with exactly the same facts regarding Dr Aubrey Blumsohn, a white doctor who was the one who conspired to publish the document online, the GMC used the test in R v GMC Ex Parte Remedy UK and threw the case out. The other aspect of this case missed out by the authors was that the complaint was made by none other than the GMC's resident airhead latest child protection advisor  . We should be thankful to the airhead because she provides us with the best evidence we have to date of institutional racism in the GMC. The GMC's equality policy states as follows 

""Our Equality and Diversity Reference Group advises on the action required to fulfil our commitment to valuing diversity and promoting equality and helps ensure that equality and diversity is embedded in the development and review of policies and procedures across the GMC"

The GMC's own website refers to the following :-

"Respect the principles of good regulation: proportionality, accountability, consistency, transparency and targeting"

Consistency is a important word. In fact it is a vital word. What is said by the GMC is clearly not what is done in reality. The GMC continue to be shameless of course. What the article misses out of course is this, that the GMC perverted the course of justice and presented two analysis of the word "misconduct" in two cases. Of course, in their tiny minds, they assumed that Richard and I would not know what they had done. What does the ruling mean for the average doctor ?. Here is what it means

1. If the GMC dislike you, if you are a junior doctor and if you are from the ethnic minority, you can be assured that the test of misconduct used for you when faced with a GMC complaint will be the more draconian one referred to by Collins J in R v GMC Ex Parte Pal. This is where the GMC simply has to disapprove of your conduct to instigate their proceedings. 

2. Liam Donaldson et al can enjoy the fruits of not being "Investigated" by the GMC. This means there is no obligation for the Liam to disclose this event on any application form.The documents submitted by Remedy UK will not be sent to all his employers. 

3.  What does a Stream 1 investigation mean for us average folk, it means we have to declare it on all application forms. We have to declare it on all appraisals and revalidation. The GMC will hold the event on their fitness to practise database making it more likely for any further complaints to be pushed through. The GMC will disclose the defamatory if not obscene pages created by the complainant to all your employers. You cannot remove these allegations even after the investigation is over. There is a high potential of these allegations spreading to most employers. 

4. It should be noted that in R v GMC Ex Parte Pal, Collins J tried to make up for the fact he invented his own test of "misconduct" especially for me. He tried to say that the word "proceeding" as referred to in all application forms did not mean investigations that did not reach hearing. He failed to read the law on this as exhibited by R v Solicitors Disciplinary Tribunal Ex Parte Toth where proceeding commences from the point of commencement of investigation.It is therefore vital that no doctor relies on this judgment when asked to declare whether they have been subjected to GMC "proceedings". The safe alternative is to simply declare an investigation no matter how prejudicial this is. A lack of declaration will instigate a further GMC investigation for dishonesty.

Remedy UK's journey appears to come to an end in court. Mine though will continue through various forums. I refuse to accept that I and my friends and colleagues should be subjected to a different test of misconduct to that used for Liam Donaldson. My journey has just begun and this is the best evidence of indirect discrimination we have ever had against the GMC as an institution. It raises the question whether the GMC have historically been using variable tests of misconduct depending on who they like or dislike and who influences their decision making processes. The analysis of "misconduct" is pivotal to medical regulation. It is used by Trusts and the GMC. It could mean the difference between preserving your livelihood or destroying it. At present, I have no remedy for the fact I was fired from the Trust I was working for, never reinstated despite being cleared 6 months later. My declaration on any application form  is as follows

"I was investigated for breach of confidentiality and referring to myself as a Psychiatrist despite being an affiliate member of the Royal College of Psychiatrists in 2007. I was cleared after 6 months of investigation. While I was being investigated, the GMC panellist, also the Medical Director at the Trust fired me on paper then manufactured a lie in court by saying I had resigned. As he and the Clinical Director failed to produce a resignation letter or indeed any evidence to substantiate their lie, the GMC used R v GMC Ex Parte Pal to investigate their misdemeanors. They were charged under Rule 7 of the Fitness to Practise Rules in 2010, three years after the event". 

Now, would any Trust now employ a person with that declaration? The repercussions of course would be that the Trust contacts the locum agencies, my previous employers and the GMC to obtain the entire file of allegations and court challenges. Would any HR manager consider this scenario created solely by the GMC to be a Trust liability or not?

Does this scenario engage a state of unemployability or not?

Remedy UK and I have had to swallow the bitter pill. Technically, their case should have followed the case law created in my case. The Courts though cleverly brought in a Lord Justice to create the test for misconduct for Liam Donaldson. The Lord Chief Justice's letter discovered by the Independent stated as follows

"All judges must, of course, be very mindful of how they express themselves when dealing with sensitive issues of equality and diversity so as not to create the impression that some individuals can expect more leniency than others". 

Really?  This is really not the scenario we see between myself, Aubrew Blumsohn and Remedy UK. I asked the GMC recently to just admit that they invented the Rita Pal special test just for me and every other person they dislike. They remain tight lipped. Amazing how quiet they can be when they have dug themselves into their own pit.

Out of all this, I believe the best things to come out are as follows. R v GMC Ex Parte Remedy UK is the case law that can be used by any doctor to protect themselves from the wrath of the GMC. This is something that does not come across in the BMJ piece. I hope to obtain further protection through various approaches I have made in my continuing journey to achieve some modium of justice.

With respect to Richard Marks. Apart from his good looks and charming self, I have always appreciated  the fact that he gave me one more chance to be his friend. There are perks to being Richard's friend. I get to platonically lush over his brain power and his sense of humour :). What a way to live eh!  Of course, of late I have been a bit put out by the fact he has resorted to the arms of numerous Greek Goddesses and their ample busts  :).  The worst thing about associating with a married man and admiring him from afar is the fact that I shall never ever get the opportunity to tie him up with my wonderbra. That suggestion may well get me whipped by his wife's Gucci handbag :). Fantasy is a fabulous thing in the kind of prison the GMC has thrown me in. Richard appreciates that women like me cannot just live on bread and water alone :).Perhaps  Dr Marks would like to come up and see my collection of GMC case law sometime :).

Desiderata

The poem below was once sent to me by the infamous Beau Eckland. It landed in my email box at a time when I was disenchanted with most things. That year was 2006. Anyhow, during the last few weeks, a number of people in trouble have been in discussion with me. Some of them have felt the depths of despair and others cannot see the light at the end of the tunnel. For all those who have these issues, it should be remembered that we are all in charge of our own destiny. We only have one life and in my view there is little or no point being miserable. The sun still rises in the morning and nothing is as bad as it was yesterday.  Someone asked me to day " Do you really wake up happy everyday and if so you have achieved utopia". The answer to that was "Yes, I do" but the journey to achieving that takes a lot of in depth thought. The journey though started with this poem.

Desiderata - by max ehrmann

Go placidly amid the noise and haste, and remember what peace there may be in silence.

As far as possible, without surrender, be on good terms with all persons. Speak your truth quietly and clearly; and listen to others, even to the dull and the ignorant, they too have their story. Avoid loud and aggressive persons, they are vexations to the spirit.

If you compare yourself with others, you may become vain and bitter; for always there will be greater and lesser persons than yourself. Enjoy your achievements as well as your plans. Keep interested in your own career, however humble; it is a real possession in the changing fortunes of time.

Exercise caution in your business affairs, for the world is full of trickery. But let this not blind you to what virtue there is; many persons strive for high ideals, and everywhere life is full of heroism. Be yourself. Especially, do not feign affection. Neither be cynical about love, for in the face of all aridity and disenchantment it is perennial as the grass.

Take kindly to the counsel of the years, gracefully surrendering the things of youth. Nurture strength of spirit to shield you in sudden misfortune. But do not distress yourself with imaginings. Many fears are born of fatigue and loneliness.

Beyond a wholesome discipline, be gentle with yourself. You are a child of the universe, no less than the trees and the stars; you have a right to be here. And whether or not it is clear to you, no doubt the universe is unfolding as it should.

Therefore be at peace with God, whatever you conceive Him to be, and whatever your labors and aspirations, in the noisy confusion of life, keep peace in your soul.

With all its sham, drudgery and broken dreams, it is still a beautiful world.

Be cheerful. Strive to be happy.

Max Ehrmann c.1920