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Medical regulation
A proper and principled concern for fairness
From Mr F. Scott
There is a danger of equating a proper and principled concern for fairness
with “professional
self-protectionism” (PJ, 16 September, p324).
The issue of standard of proof is not straightforward and it is helpful
to look at the decisions of the UK’s most senior judges, including
the law lords sitting as the Judicial Committee of the Privy Council.
In the case of Campbell versus Hamlet [2005] UKPC 19, which concerned a
finding of misconduct by an attorney, Lord Brown of Eaton-under-Heywood
stated that their lordships entertained no doubt that the criminal standard
was the correct standard to apply to such proceedings.
Similarly, Lord Justice Richards, in the Court of Appeal judgment in re:
AN [2005] EWHC 587 (Admin), stated: “Although there remains a distinction
in principle between the civil standard and the criminal standard, the
practical application of the flexible approach demonstrated in the authorities
means that they are likely in certain contexts to produce the same or similar
results. Indeed, there are exceptional situations in which, for reasons
of policy or pragmatism, the actual criminal standard is used in civil
proceedings, as in … certain disciplinary contexts (Campbell).”
The General Medical Council does not shirk from vigorous and effective
action to enhance and promote patient safety and this year will spend over £40m
on investigation and adjudication of complaints against doctors.
We are committed to processes and procedures that are fair, objective,
transparent and free from unfair discrimination. Erasure from the register
has profound implications for doctors. Sir Graeme Catto’s key point,
expressed in ordinary language, is that we should be sure of the facts
when erasure is being contemplated. This is wholly compatible with protecting
patients and the public interest.
As the national regulator, the General Medical Council must command the
confidence and support of all the main interests — patients and the
public, doctors, the NHS and other health care providers, and medical schools
and royal colleges. That is why, for example, Sir Graeme has announced
the GMC’s commitment to a balanced composition for the council, reflective
of those four main constituencies.
Finlay Scott
Chief Executive
General Medical Council |
The
Pharmaceutical Journal