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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The General Medical council , the doctors' regulator in the

Customer Question

The General Medical council , the doctors' regulator in the UK has a 'fitness to practice' process that many doctors fear violates human rights of doctors under investigation. There has been a massive increase in the numbers of complaints against doctors both by patients and employers/hospital managers and over 3000 doctors are investigated each year. The processes are adversarial and protracted , and assume guilt; Many doctors are subject to disabling 'conditions' ostensibly to 'maintain public confidence' while the investigation is underway and before anything has been proved. Over 100 doctors under investigation died between 2004 and 2013 of which 28 were suicides; It is not clear what caused the other deaths and to what extent the abusive GMC processes are responsible. my question is whether the ECHR can play a role in bringing about an end to this state sponsored terror . If so ,please advise on how one goes about it . Can an individual bring a case against the GMC for human rights abuse ? Also can the BMA bring a case for corporate manslaughter on behalf of the families of the doctors who died? Where can we get more specific legal advice? I look forward to hearing from you.
Many thanks
P bahal email *****@******.***
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know in what way its a human rights abuse?

JACUSTOMER-1xp3et1r- :

for 3 reasons 1] the assumption of guilt ie once the GMC have decided to investigate the allegation they can subject you to 'conditions' which damage reputation. cause loss of earnings and deep psychological damage long before anything has been proved 2] While the investigation is progressing ,even if the doctor has done nothing wrong and has nothing to hide, he is asked not to say anything because if you try and protest your innocence you are accused of 'lack of insight' 3] there is no redress against vexatious complaints and it is in effect degrading and abusive for a dedicated highly trained professional to have to hear malicious allegations against him and effectively be able to do nothing to refute it

Alex Watts :

Ok - let me give this some thought overnight for you.

JACUSTOMER-1xp3et1r- :

Thanks . I would also like some advise on whether the 100 deaths of doctors constitutes corporate manslaughter and if that is something the ECHR could take up if the BMA bring a case

JACUSTOMER-1xp3et1r- :

suggest you look up some links to give you an idea of the magnitude of the problem -

JACUSTOMER-1xp3et1r- :

CIVITAS - GMC fit to practise? [just google this link]

JACUSTOMER-1xp3et1r- :

i presume you will be in touch tomorrow?

Alex Watts :

There are several rights under the Human Rights Act. You have a right to a fair trial and right to family life.

Alex Watts :

However both of these are qualified rights, that means that they are not absolute.

Alex Watts :

They can be limited as permitted by law.

Alex Watts :

What you have with the GMC is a framework which they work within. If there is also something wrong you have the option of Judicial Review.

Alex Watts :

This means that the decision gets reviewed by a High Court Judge to see if it is legal and reasonable.

Alex Watts :

Given there is already a legal framework I think whilst you could bring a claim in the ECHR and indeed this would be something they would look at - this may be difficult.

Alex Watts :

You would have to show that the system is so wrong that it breaches human rights even though they are qualified in any event.

Alex Watts :

Can the BMA bring a case for corporate manslaughter - this would usually be a criminal matter and yes this could be brought potentially.

Alex Watts :

I am sorry if this is not necessarily the answer you are looking for and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-1xp3et1r- : Thanks I appreciate you need to be honest I'd rather not have any false hopes. there is s lot of evidence From recent studies that the gmc ftp processes traumatise doctors and do not protect patients would these factors plus evidence of the gmc's own incompetence and dishonesty increase the likelihood of s successful legal challenge or are they irrelevant?
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 2 years ago.

You haven'y answered my last query

Expert:  Ash replied 2 years ago.
Sorry I did not see that. All the matters above would be right for a Judicial Review more than anything else.
Alex

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