“(a) to protect, promote and maintain the health, safety and well-being of the public, (b) to promote and maintain public confidence in the medical profession, and (c) to promote and maintain proper professional standards and conduct for members of that profession.”
“The GMC’s appeal right would not supersede the PSA’s power of referral. Rather, we intend these powers to be complementary, with the PSA having an oversight role and able to make its own referral to the court if it felt that the GMC should have appealed a decision but had not done so. Additionally the PSA would have the ability to intervene as an interested party in any such appeal instigated by the GMC, for example if they wanted to challenge a decision on a different point from those put forward by the GMC. We would enable a similar power for the GMC to intervene or join as an interested party in the event that the PSA made a reference to the court in the first instance. This will ensure that we do not create a situation where a respondent doctor faces the prospect of two separate appeals concerning the same decision.”
“We remain confident that introducing a right of appeal for the GMC is appropriate … The policy intention … is to enable the organisation best placed to challenge a tribunal decision about a doctor’s fitness to practise to be able to do so where it is considered that the outcome does not sufficiently protect the public … We have made provision for the PSA to be able to take over the case [i.e. an appeal] if they think that the GMC propose to withdraw where it should not …”
“99. The tribunal accepted that you were always intending to examine Patient A and to amend the [assessment form] depending on your findings. The tribunal considered that the accounts of your telephone call with [Dr De Halpert] represented ‘a snapshot’ of a particular moment in time. It was of the view that, while an ordinary and honest member of the public might consider your action to have been dishonest, it was not satisfied that you were aware that your actions would have been considered to be dishonest by those standards. It accepted that there may have been some confusion on your part regarding the subject matter, and that its finding that you knew your statements to be false was limited to you not providing a full account to [Dr De Halpert]. The tribunal accepted that you gave a full account to [Dr Nafousi]”; and as follows as regards charge 5b: “101. … the tribunal again accepted that there may have been some confusion on your part regarding the subject matter being discussed. Your concern was that others thought you had written notes without ever intending to see Patient A. It accepted that you thought that was [Dr De Halpert’s] concern and you stated that you would ‘never do that’. The tribunal accepted that there may have been a misunderstanding. In these circumstances, in the tribunal’s view, there is insufficient evidence to prove, on the balance of probabilities, that your actions were dishonest.”
“In respect of making a false statement to a senior colleague [i.e. Dr De Halpert] during two telephone calls where questions were being asked about what had happened, you failed to provide full and accurate information about an examination note. You misled [Dr De Halpert] by stating that you had not recorded an examination prior to seeing the patient, whereas in fact you had already made some entries in the examination section of the [assessment form]. This you failed to disclose to [Dr De Halpert]. The tribunal accepts that you thought [Dr De Halpert] was questioning the probity of someone making an examination note without ever seeing the patient, when your position was that you were simply preparing for seeing the patient. The tribunal however determined that [Dr De Halpert] was left with a false impression which was misleading and amounts to serious misconduct.”