Employers’ Discipline of Doctors in the NHS - Summary
John Hendy QC1
As a consultant obstetrician and gynaecologist at the (then) London Hospital,
Wendy
Savage was suspended by, and her disciplinary hearing was conducted by, her
employing
health authority in accordance with the procedure set out in the NHS
circularHM(61)112
to which (as I recall) her contract referred. The hearing was conducted with all
the
formality, intensity, length and expense of a civil trial. However, without such
a rigorous
quasi-judicial process, there can be little doubt that the spurious and
unfounded nature
of the bulk of the charges against her would not have been revealed and she
would not
have been reinstated.
DISCIPLINING DOCTORS 123
5 In summary the HC(90)9Annex B procedure required the following steps to be
taken:
(i) Following an incident or complaint being made involving the professional
conduct or competence of
a medical or dental practitioner, the chairman of the NHS body must determine
whether there is a
prima facie case which, if well founded, could result in serious disciplinary
action (such as
dismissal).
Conclusion
With the replacement of HC(90)9 procedures by ‘ordinary’ disciplinary procedures
applicable to all trust employees, hospital consultants have lost valuable
protections in
relation to allegations of professional misconduct. The profession should
consider
carefully whether the restoration of some more formal procedure with an
independent,
legally chaired panel and a proper opportunity to challenge the charges through
a
professional advocate is not a necessary step towards the maintenance of the
proper role
of doctors in the NHS.
The complete article can be found on:-
http://www.oldsquare.co.uk/pdf_articles/3100148.pdf