Standard Of Proof Change May Lead To More Adverse Findings Against Doctors - Medical Defence Union, UK

Main Category: Litigation / Medical Malpractice
Article Date: 05 Nov 2007 - 3:00 PDT

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The Medical Defence Union has voiced its strong opposition to the introduction of the civil standard of proof for all GMC fitness to practise (FTP) panel hearings, which it says will lead to inconsistent and unfair decisions in many cases, which may result in a greater number of legal challenges.

In its response to the GMC consultation on the draft rule and guidance to introduce the change, the MDU, which indemnifies over 50 per cent of UK doctors, says it has no confidence in the proposed procedure and when a doctor's livelihood is at risk, only the criminal standard should be used.

Dr Christine Tomkins, MDU deputy chief executive, explained:

"We are disappointed that the GMC intends to lower the threshold of proof from the criminal to the civil standard for FTP panel hearings. We have never supported a change to the civil standard and we are not confident that the procedure the GMC has outlined in its consultation will produce fair or consistent decisions.

"If the GMC goes ahead as planned it may result in many more of our members having a finding of impaired fitness to practise. This in turn is likely to lead to considerable delays and costs for both sides while legal challenges are undertaken. It can only undermine confidence in the regulatory process, which cannot be in doctors' or patients' interests. Nor can it be in anyone's interests for good doctors to be found to have impaired fitness to practise using an unfair procedure."

The MDU's views can be summarised as:

- The MDU opposes the application of the civil standard for FTP panel determinations.

- The MDU is not confident that decisions made using the civil standard would be fair and consistent. If it is introduced, an increased number of legal challenges to GMC FTP decisions should be anticipated.

The MDU is a mutual, not for profit, organisation owned by our members who include over 50 per cent of the UK's hospital doctors and GPs. Established in 1885, we were the world's first medical defence organisation. We defend the professional reputations of our members when their clinical performance is called into question. Our benefits of membership include indemnity for claims of clinical negligence and a wide range of medico-legal advisory services.

Medical Defence Union