Harry v General Medical Council [2012] EWHC 2762 (QB)
Decision Number:
Published on: 19/10/2012
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Background
The appellant doctor was employed by the James Paget University Hospitals NHS Foundation Trust as a consultant in genito-urinary medicine until he was summarily dismissed on 4 January 2012. The appellant also maintained a small private practice, which included work in Nigeria. In December 2010 he was suspended from his NHS post amid allegations that he transported human blood samples in breach of strict regulations governing their transportation. On a return journey from Nigeria, the appellant carried two samples of blood in his hand luggage, one infected with HIV, when regulations state that they must be placed in the hold, and he opened the packages in which they were contained at home rather than a laboratory.It was alleged that when confronted with the allegation that he was using NHS resources for private patients, he asked a member of staff to amend records relating to a patient, but within half an hour reversed that request. There were allegations that he did not properly isolate his private practice from his NHS practice and wrongly provided NHS benefits to some of his private patients. He was suspended for 18 months on 4 April 2012 pursuant to section 41(A)(10) of the Medical Act 1983. On 19 September 2012 the court heard the appellant‟s application to terminate the suspension of 18 months imposed by the Interim Orders Panel of the General Medical Council. The Panel had to consider the risk to members of the public and decided that the guidance makes it clear that suspension is only appropriate in the most serious of cases. In 109this case, the court held that the reasons given by the Panel are inadequate as the appellant did not pose a continuing risk to the public. Suspension was concerned to protect against a real continuing risk. Any continuing risk to the public could only arise if the appellant were to repeat the error he made with regard to transporting blood samples. There was nothing to support the proposition that he might once again transport blood contrary to the regulations. Thus, there was no real risk to the public in the appellant continuing to practise.The court must consider what the reaction of the public would be when the disciplinary process is complete and suspension was not granted. The court concluded that public confidence would not be damaged if the appellant was able to continue practising pending resolution of the disciplinary proceedings.The court was also doubtful whether the suspension was proportionate and concluded that the suspension was too harsh - 18 months is the maximum period of suspension and should not become a default position. There would be many cases in which suspension was proportionate for a short period but not for as long as 18 months, given the very serious consequences for the appellant.http://bit.ly/UPAXjx
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This article is correct at 19/10/2012
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