News, articles & case law update

Fitness to practise investigations by the NMC, GMC, HCPC, GOC, GOsC – the value of specialist legal advice!

I love what I do each day – advising and supporting healthcare professionals subject to investigation by their regulator.

Sometimes I’m instructed at the early stages of a case – and sometimes I am instructed later on…

Every professional’s approach to receiving notification of a complaint will differ.

Sometimes, the communications from a regulator can be overwhelming to a professional…

Sometimes a professional may wish to put it all on the ‘backburner’…and doesn’t know quite what to do…

As a former nurse, I get how that can happen.

Time can be scarce. Working busy shifts, the demands of life can make it difficult to stop and think about the concern or get advice.

For some it can be hard to even think about an allegation which is strongly disputed or one that it felt to be embarrassing…

Others may feel that everything is already lost…

But here’s what every single healthcare professional needs to know:

Whilst every case and every regulator is different, there are often opportunities across the life of a case to resolve a complaint…

  • Some cases may even be able to be concluded at the outset – at the ‘triage’ stage…
  • Some cases may be able to be concluded following the investigation…at the Investigating Committee or Case Examiner stage.

Sometimes, a case can be closed during the hearing itself…

  • take last month, I was instructed in a case, a week before the final hearing – by a professional who had been the subject of dishonesty and lack of competence allegations dating back to 2019

  • a professional who had for 5 years, been under a cloud of suspicion, whose health, personal and professional reputation had suffered….the outcome?

Following cross examination of the main witness and the conclusion of the regulator’s case, it became clear that the case was not well founded, and the case was closed following a half time submission.

Where a case cannot be resolved without a hearing, steps can be taken to prepare the case and put the healthcare practitioner into the best possible position…

The sometimes-slow-moving nature of an investigation whilst frustrating can be put to good use.

That is why getting specialist advice can be so important, no matter what the stage of the case – whether time is long or short!

If you are considering seeking legal advice or representation, get in touch TODAY to book your FREE INITIAL CONSULTATION and obtain a no obligation FIXED FEE QUOTE: chris.pataky@tbgbarrister.co.uk

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