Ben Rich

Professional Discipline

Ben Rich is ranked as a leading junior in the field by both Legal 500 and Chambers and Partners.

He defends doctors at the MPTS, and other healthcare professionals before their regulators. Recent cases include securing a 9-month suspension for a doctor found to have had a sexually-motivated communication with a 13-year-old. Ben successfully defended this outcome in the High Court against a GMC appeal [GMC v Awan [2020] EWHC 1553 (Admin)].

Other cases have included charges of clinical incompetence (one amounting to 48 allegations), sexual assault of a patient, dishonesty and falsifying medical records. He has appeared in the General Dental Council both for and against registrants, and the Nursing and Midwifery Council. He presents cases for the General Optical Council, the Royal Institution of Chartered Surveyors and acts for the Association of Certified and Chartered Accountants.

Ben has advised on judicial review for healthcare professionals, and has conducted a number of (non-medical) judicial reviews in the High Court.

Notable Cases:

GMC v Dr Awan [MPTS and GMC v Awan [2020] EWHC 1553 (Admin)]

This case involved a doctor who, against his denials, was found to have had sexually-motivated conversations with someone he believed to be 13 years old (in fact a police officer). The GMC appealed a 9-month suspension but it was upheld. The case is important for stating that a registrant should not face increased sanction simply for putting up a defence to the facts, however lacking in credibility that defence may be.

GMC v Dr K

Represented a doctor who assaulted his wife on two occasions. She did not make a witness statement to the MPTS, but he had already admitted the assaults.

GOC v KD

Presented the case involving around 50 allegations of clinical incompetence and poor practice. It included failures to understand and undertake properly basic clinical procedures and failures of record keeping.

NMC v DW

Ben represented the nurse accused of falsifying the temperature of a colleague who was later hospitalised with the Ebola virus. She received a two-month suspension.