Baby P Doctor seeks Voluntary GMC Erasure

Press Release
http://www.nhsreformgroup.com
Contact Details: info@nhsreformgroup.com

The General Medical Council continues to grant dangerous doctors voluntary erasure. The doctor in the Baby P case has been granted voluntary erasure from the Medical Register [ see http://www.bbc.co.uk/news/uk-england-london-12429911] .

It should be noted that the GMC has been under fire for granting voluntary erasures in the past. The first case was that of Dr David Jarman. It concerned a case of a child - Wilfred Toth who died following a lack of care by Dr Jarman. To avoid conduct proceedings, Dr Jarman argued "anxiety related to the GMC" to obtain his voluntary erasure. The barrister Mary O Rourke represented in this case as well as that of the Baby P doctor. The 'sick doctor" defence has been commonly used successfully by medical defence unions so that doctors are able to jump off the medical register before they are pushed. Dr Jane Barton who ended the lives of many elderly patients in Gosport has also recently applied for voluntary erasure. These doctors will be able to work abroad without any problems as they will not have a finding against them.

In 2010, the Health Insurance Counter Fraud Group heavily criticised the GMC for failing to regulate the profession [ see http://www.hospitaldr.co.uk/blogs/our-news/voluntary-erasure-shows-gmc-is-failing-to-regulate-doctors]

The GMC rules concerning voluntary erasure are enclosed. It is notable that the doctor can reapply to be on the register without a stain on their character. If they have had conditions in the past - as with Dr Jane Barton, it may be the case that the conditions cannot be reactivated on re-registration.

NHS Reform Group believes that the General Medical Council is ill equipped to spot a "fixed" case where an expert is paid by the defence union to say whatever suits the doctor. In at least one case, a doctor was forced to plead 'diminished responsibility" in an effort to avoid conduct proceedings at the GMC - as was the advice by his defence union. The doctor who was unhappy with this line of defence was pressurised by his defence union into pleading 'diminished responsibility'. His legal team subsequently walked out on him mid hearing. when this issue was discovered by the GMC. The GMC subsequently found him fit to plead and indeed prior to the defence union's involvement, numerous GMC experts had found him to be fit and well. The expert instructed by the defence union created a "special report" to fit the chosen defence - The Sick Doctor's defence.

We call for a review of all voluntary erasure applications starting with Dr David Jarman. Moreover an investigation by the Solicitors Regulatory body and Bar Council is required to ensure the applications presented to the GMC were legitimate.

We also believe that the GMC is effectively failing to regulate the profession and sending the wrong message to doctors and the public - the message being " If the going gets tough, the doctor has the option to jump off the register and face no sanction for his/her misdemeanor". The public are unable to effectively challenge a decision to voluntarily erase a doctor leading to an this unacceptable situation. We conclude that the GMC, the regulatory body who allowed Harold Shipman to practise, continues to fail the public and place vulnerable patients at risk.

Ends
The NHS Reform Group - contact Mr. M. Cubells 07833 686555

[

click here to view file attachment]