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Doctors accused of malpractice “retiring early to avoid disciplinary hearings” (1 September 2014)

Date: 01/09/2014
Duncan Lewis, Legal News Solicitors, Doctors accused of malpractice “retiring early to avoid disciplinary hearings”

Dozen of GPs have taken early retirement rather than face disciplinary proceedings for malpractice, according to figures obtained by an MP.

The Daily Mail reports that Conservative MP Stephen Barclay has obtained figures from the General Medical Council, which show 39 doctors have taken retirement early to avoid a disciplinary panel – voluntary erasure from the General Medical Council (GMC) register is normally granted to doctors who are retiring or moving overseas.

Mr Barclay has been working with the GMC on the issue of malpractice and disciplinary procedures for doctors accused of it.

The Telegraph has claimed victims of medical malpractice have been denied justice by doctors taking early retirement and removing themselves from the medical register rather than face a GMC disciplinary panel.

The chief executive (CE) of the GMC has said, however, that doctors removing themselves from the general medical register and ceasing to practice is the best way to protect the public from malpractice.

GMC CE Niall Dickson said:

“If at any time they then tried to get back on the register, the case against them would become active again – and where there are serious concerns, realistically it is highly unlikely they could ever practise again.”

Stephen Barclay has raised the case of a cancer patient whose GP failed to diagnose cervical cancer until the condition was too advanced to treat – 26-year-old Nikki Sams died in 2007, after her doctor had failed to spot the early signs of the disease on eight occasions.

Ms Sams’ doctor was investigated but avoided the prospect of disciplinary action by retiring.

The GMC is currently consulting on whether doctors should apologise to patients if they fail to diagnose conditions.

If a doctor has failed to apologise for malpractice, this in itself may be taken into consideration by a fitness-to-practice disciplinary panel.

Clinicians who also fail to raise concerns over the competency of a colleague they have suspicions about may also have to face disciplinary procedures, under a range of proposals to improve patient safety being considered by the GMC.

NHS doctors who fail to diagnose or who are found guilty of malpractice may also be flagged up online in the future.

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