Many healthcare providers will be all too aware of how difficult it can be to obtain an interim injunction against the CQC. Hexpress Healthcare will present few surprises in this regard. However, two points of interest emerge. The court reconsiders the CQC’s procedure for considering factual accuracy comments (“FAC”) from a provider prior to publication. […]
If it looks like a duck, and it quacks like a duck, then the coroner has demonstrated apparent bias. As the court touched on in Morahan, Article 2 and legal aid have a somewhat uncomfortable relationship. The need to secure funding encourages protracted and disproportionate struggles to demonstrate Article 2 is engaged. More unusually, in […]
Dr K was arrested for rape in November 2019. He self-referred to the GMC and in due course was suspended by an Interim Order Tribunal (“IOT”) on a public interest basis alone. This was extended by the Court of Session for six months. Dr K was then acquitted and the IOT substituted his suspension order […]
Dr Sawati faced allegations of deficient professional performance and misconduct. Of these, the decisive feature of the case, as proved, related to three instances of dishonesty: An unacknowledged retrospective amendment of a patient record in 2015 to indicate she had discussed a particular case with her supervisor. Her defence was she believed she had discussed […]
Kamath v Blackpool Teaching Hospitals NHS Foundation Trust [2021] EWHC 2811 (QB) When representing a doctor facing MHPS proceedings, the Case Manager’s decision as to how to categorise the case is critical. Following receipt of the investigation, (s)he must decide: are the concerns best considered as conduct or as capability issues? That decision, of course, […]
3rd Aug 2023 Read more
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