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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience:  Solicitors 2 years plus PQE
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I will like your legal input into this issue, stated as: 1.

Customer Question

I will like your legal input into this issue, stated as:
1. A Woman patient wants to complain about A DOCTOR to the Medical regulator, the GMC for whatever reason;
2. Her husband completes the complaint form for her;
3. There is section for him to sign that he completed the forms on her behalf - he signs this with his signature;
4. BUT he also signs for the woman with the woman's signature under: I am the patient, and give [Husbands name] to file complaint on my behalf;
5. Similarly signs her name where the patient gives permission to the regulator to look at her case notes.
I cannot imagine a situation where I could sign my wife's cheque, with her signature.
Is there a legal term for this?
It sounds 'wrong'. I cannot imagine a situation when I will be allowed to sign Helen's cheque with her signature.
What is the English word for this?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your quesiton and welcome..
Yes it is called forging someones signature and identity theft and therefore potentially fraud.
Further more you are providing misleading information to a regulatory body who could potentially report the issue to the police, unless the "patient" - gives her retrospective consent.
Is the patient (wife) likely to complain about this?
Kind regards
AJ
Customer: replied 2 years ago.

No the patient is not likely to complain. We believe that she was reluctant to sign the form. Now that the matter is advanced, she claims to have signed it.

One hand writing expert confirms that there is 'strong evidence that she did not sign the form, from comparisons we gave. The other hand writing expert says she could have signed the form, but there was there was evidence of heavy tracing'

What would be your opinion on the validity of a complaint, and the complaint is based on the husbands signature [which can be fraud or forging or more]

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
My opinion would be it is still a valid complaint, because she is saying it is her complaint. You have to look at the root purpose of the GMC which is to regulate doctors and protect patients.
In essence if she is asking for a complaint to be heard that is the most important thing.
The fact that the husband forged her signature is obviously an abuse of the process but one that has been remedied by her consent.
Ultimately what would happen if - the GMC strikes out the complaint. You would then fully expect the wife to resubmit it, if she was that intent on making a complaint.
Kind regards
AJ
Customer: replied 2 years ago.

Thank you

I just needed to confirm that 'he forged her signature'.

Can person1 legally permit a another person2 to sign person1's signature?

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
No - because it is not that persons signature it is still a forgery - just one that has been consented to.
One person can permit someone to sign something on their behalf as long as it is not a deed they are signing.
Kind regards
AJ
Customer: replied 2 years ago.

Just a fine clarification of your last point if you dint mind: You can permit me to sign something on your behalf BUT with my signature NOT forging yours?

I know of situations where my wife collects money from the bank for her mother - but she had to have her signature accepted for this purpose by the bank - which I believe is what you mean by - 'on your behalf'

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Yes that is correct - as long as it is not a deed, I can give you authority to sign a contract for example as my agent.
Kind regards
AJ
Customer: replied 2 years ago.

I am sorry that I have not requested what I really need.

'On behalf' - can it be with a forged signature, albeit with prospective or retrospective consent?

Expert:  Alex J. replied 2 years ago.
Hi
Thank you.
As a matter of public policy no should be allowed to do anything with a forged signature.
However if I forge someones signature and they say that they consent to it, then it really means there is no actual crime on the face of it.
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

I sent you a new question on 15/12/14, which remains unanswered

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
My apologies but I have not received it.
Could you post it here?
Kind regards
AJ
Customer: replied 2 years ago.

What is the legal status of this situation: A client's husband forges the signature on a 'complaint form' [for example a GMC complaints form]. I understand that the wife can complain. But assume she does not complain, and can give retrospective permission to the forgery.

Does the person who has been affected by this forgery [with retrospective consent] have any rights, especially if he has lost his career?

Is forgery of this kind a crime?

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Was the forgery alone the only reason this person lost their career?
Was the complaint behind the forgery actually substantive or valid?
Kind regards
AJ
Customer: replied 2 years ago.

The complaint was that I presented invoices for 'work' that was done, but that it was sent to intimidate because the invoices were posted to arrive on a Saturday morning and no contract had been signed about the clinical services.

This led the GMC to throw a wide net. This brought up other issues. I left because I was a private practitioner, and no source of salary. I have to do something else to feed my family. After 18 months of investigation, the charges are very benign. At my first oral defence by myself, on 13/10/14, the suspension was lifted within 40 minutes.

My defence was that the complaint was malicious because I was unhappy with the arrangements for patient safety and was expelled from of a joint business of building a hospital, and we settled on that.

I am allowed to return to work BUT will need to re-build my private practice, if I can. It was build from1994, and was very successful

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Ultimately what are you trying to prove is that the complaint was simply a way of defaming you?
The forgery has caused you a lost, and given that you are a regulated professional unfortunately this persons right to complain about so there are two elements:
1. You should make a criminal complaint about the forgery;
2. Your complaint should be against the GMC for accepting a vexatious complaint made with forged documents.
Kind regards
AJ
Customer: replied 2 years ago.

Thank you

I am grateful for your answer.

Expert:  Alex J. replied 2 years ago.
No problem.
Please do not hesitate to contact me if I can assist any further.
Kind regards
AJ

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