Marios Lambis KC mounted a successful abuse of process argument before the Medical Practitioners Tribunal Service (‘MPTS’) in respect of a Consultant Psychiatrist accused of multiple misconduct allegations which included clinical and record keeping deficiencies, allegedly involving some 17 patients.
On one count the doctor faced almost 1900 possible findings of fact and the investigation into his conduct had spanned some 5 years.
Marios argued that the manner in which the General Medical Council (‘GMC’) conducted (or did not) its investigation into the issues of the case, the background to the case, and the nature and number of allegations meant that the doctor could not receive a fair hearing and/or in all the circumstances of the case, it would be unfair to try him.
The case included the GMC seeking to initially prosecute a multitude of allegations upon which the Defence argued there was no evidential foundation, a matter the GMC initially refuted. Arguments to support the abuse of process included:
After days of legal argument, the MPTS Tribunal found that there had been an abuse of the process and stayed the proceedings.
The MPTS Tribunal found, amongst other things:
Whilst the MPTS Tribunal was aware that a stay of proceedings is always a last resort, it took the view that no other remedy would suffice in this case, because deficiencies in the GMC investigation had undermined any prospect of Dr X being afforded a fair hearing.
Marios was instructed by Laura Honeybourne of Weightmans.
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