Individual managers are liable for record discrimination (£4.5Million) award as well as trust

(BMJ January 2012 344: 2)
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The next meeting of the group will be Saturday 29th June 2013 at 14.00 hoursThe Priory Hospital, Priory Lane, Roehampton, London SW15 5JJ - (Map) The Doctors Support Group (DSG) aims to provide support and assistance to any medical professional or dentist facing suspension, exclusion, investigation of complaints and/or allegations of professional misconduct. The members of the DSG have extensive personal experience of suspension, exclusion, NHS Trust, NCAS and GMC investigations. We aim to assist doctors and dentists cope with the enormous stresses and difficulties they may face. Our prime objective is to enable those facing these bewildering and confusing situations to cope and eventually emerge with the minimum of professional and/or personal damage. Members of the Doctor’s Support Group have an opportunity to network at meetings. We also try to link up members with similar experiences so that they can learn from one another.
First Aid Advice For those medical professionals or dentists facing suspension, exclusion, investigation of complaints and/or allegations of professional misconduct.Almost inevitably, you will experience the typical emotional turmoil of a bereavement if you have recently learned that you:-
You may feel that your predicament is totally unjustifiable - and the chances are that you are correct. - see Suspensions Scandal - page 225 Clinical depression requiring specialist advice is not uncommon. Recognise it in yourself and seek advice early. The DoctorsSupportGroup may be able to assist. Fallacy Accusations - Red HerringsMany members of the Doctor's Support Group have belatedly realised that the initial dispute related to a nonesence accusation such as:-
There may be benefit in documenting your concerns in a carefully drafted letter or email to the employer - after checking the content with your legal adviser. Be cautions in the way you respond to your employers.Hospital Directors are skilled and experienced with employment issues and the chances are that you will have none of these skills. Furthermore, they have the support of employment solicitors and barristers paid for by the public purse. Employers will often write legalistic jargon such as "we are committed to" as this may help their case if there should be litigation at a future date. At times you may consider it prudent to challenge such statements. A recent example from one group member was as follows:
You may have concerns that your employers are building a dosier of documents against you: Incident forms may be produced more frequently than seems reasonable for example.
Be cautions in the way you respond to lawyers or a court.Members of our group have observed that lawyers and the courts are only assessing you.They do not assess your employers or other doctors. Seek advice from:-
You are in overall command of your side of the dispute.In the early stages, you are likely to be weakened mentally by your situation. Take care not to play into the hands of your employers.
Keep a file of all correspondence.You will be surprised how quickly the documents will accumulate.
Legal AdvisersYou may believe that all you have to do is to place your details in the capable hands of your legal advisors and they will skilfully sort it all out for you. However:-
Pro Bono Advice (No Cost)In the event that you have inadequate legal support, there are some organisations that may be able to help you on a Pro Bono basis. Some solicitors may work on a "No Win - No Fee basis" but there could only be a 'Fee' if litigation is likely. These can be found with a Search for example - "Employment Law Solicitors - No win no fee". Some solicitors and barristers may consider providing advice on a Pro Bono basis:
You must be proactive.
Read more practical advice......
Legal IssuesWhen a doctor believes his employer has acted inappropriately - against their duty of care - it may seem that laws of tort may come into play. However, in the majority of such situations, it is contract law rather than tort law that purtains. According to Wikipedia:- "A tort, in common law jurisdictions, is a civil wrong. Tort law deals with situations where a person's behaviour has unfairly caused someone else to suffer loss or harm. A tort is not necessarily an illegal act but causes harm and therefore the law allows anyone who is harmed to recover their loss. Tort law is different to criminal law, which deals with situations where a person's actions cause harm to society in general. A claim in tort may be brought by anyone who has suffered loss." There are some useful websites and videos that explain a little on tort law such as:- http://www.youtube.com/watch?v=u6ynTbY944Q One useful website on contract law is - http://www.lawofcontract.co.uk/form/index.php - there is a small monthly subscription.
A senior member of our group has recommended "Employment Law in Context" by Brian Willey as a useful introduction.
Recent Additions to the website:-
BBC - Investigation Great Ormond Street Hospital - April 2012If this video does not run smoothly, please pause it for a minute or two. High Court quashes GMC’s findings that psychiatrist abused his position Read More March 2012 Individual managers are liable for record discrimination (£4.5Million) award as well as trust
(BMJ January 2012 344: 2) Read more..
Secret doctors' courts move a 'disaster' for patients Press Gazette 20 April 2011 Read More
BBC Inside Out 25th October 2010
Video:- Exclusion from clinical practice. Baby P, Whistleblowing.Wrongly Suspended Dr Kim Holt Great Ormond Street Hospital | Ramon Niekrash | GMC Guidelines | BBC Inside Out | Gagging Clauses | Employment Tribunals | Doctors Support Group Quoting from the above video:-
Political Progress?
Peter Tomlin, president of the group, has analysed the process by which senior hospital doctors are disciplined within the NHS and published on "The Suspensions Scandal" in The Journal of Obstetrics and Gynaecology. A number of faults were identified and he found that many of these give an unfair advantage to management and are contrary to the rules of "Natural Justice". Read more....
Recent Additions:-Injury Benefit for NHS Employees who are not able to work due to work related stress. Dr Michalak £4.5 million award - Read more... NCAS Conference 3rd February 2011 - Summary of Papers - Medical Act 1983 - Essential reading if you are preparing for a GMC Hearing - 18th October 2010 GMC Reprimands increase - 2010 Post-Shipman fitness-to-practise overhaul falls victim to cuts The Government is set to scrap plans for a massive shake-up of GP fitness-to-practise hearings, in a move it claims will save the NHS more than £60 million by avoiding an unnecessary new layer of bureaucracy. Read More.... Shirine Boardman - Exhonerated by GMC Employment Tribunals - 16th November 2009 NCAS Update - Report 22nd September 2009
Recommended Related Websites:
The Doctor's Support Group is a sub-group of the Society of Clinical Psychiatrists. It has great positioning on Google. |