MDU hits out at decision on ‘proof’

The Medical Defence Union, which assists hundreds of doctors each year with GMC fitness to practice investigations, says the GMC’s proposed guidance on the use of the civil standard of proof would turn part of the decisionmaking process on its head.

The GMC consultation says that decisions about how flexibly the civil standard of proof will be applied to decide whether allegations are true, will take into account the seriousness of the allegation and the likelihood of erasure. But the MDU does not believe it is fair to make such decisions when the very fact that a doctor is subject to a fitness to practice hearing means there is the potential for him or her to be struck off because of the allegations before the GMC.

Dr Hugh Stewart, head of case decisions at the MDU said: “It can’t be possible to take into account whether someone is likely to be erased or not at a time when the allegations before the GMC have not even been proven.

“We cannot understand how anyone can think this is right or fair. It seems nonsensical and there are similarities with the trial in Alice in Wonderland when the Queen of Hearts proclaimed: ‘No, no! Sentence first – verdict afterwards’,” he added.

“Making the decision as to the seriousness of the outcome before the facts have been tested would seem to be prejudging the final outcome.”

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