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Hello my name is ***** ***** I will help you with this.
For now please let me know in what way its a human rights abuse?
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
Ok - let me give this some thought overnight for you.
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
suggest you look up some links to give you an idea of the magnitude of the problem -
CIVITAS - GMC fit to practise? [just google this link]
i presume you will be in touch tomorrow?
There are several rights under the Human Rights Act. You have a right to a fair trial and right to family life.
However both of these are qualified rights, that means that they are not absolute.
They can be limited as permitted by law.
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.
This means that the decision gets reviewed by a High Court Judge to see if it is legal and reasonable.
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.
You would have to show that the system is so wrong that it breaches human rights even though they are qualified in any event.
Can the BMA bring a case for corporate manslaughter - this would usually be a criminal matter and yes this could be brought potentially.
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
Can I clarify anything for you about this today please?
You haven'y answered my last query