MDU Responds To Health And Social Care Bill, UK

Main Category: Public Health
Article Date: 19 Nov 2007 - 1:00 PDT

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Responding to the recent publication of the Health and Social Care Bill*, the MDU welcomed the establishment of a new body to independently adjudicate on GMC cases. But it warned that the introduction of a civil standard of proof would not improve patient safety and may undermine confidence in the regulatory system.

Dr Hugh Stewart, MDU medico-legal adviser said:

"We welcome the fact that the process of deciding whether or not a doctor's fitness to practise is impaired will, in future, be independent of the GMC - passing to the Office of the Health Professions Adjudicator (OHPA). Since it sets standards and prosecutes cases, the GMC's independence as an adjudicator may be open to question and we hope that the OHPA will ensure doctors get a fair hearing at the adjudication stage.

"While we support the government's aims to improve patient safety and that where concerns about individual doctors exist, they are tackled swiftly, fairly and effectively, we do not believe that all of the changes to professional regulation will achieve this aim. In particular, we do not believe it is in the public interest to lower the threshold of proof from the criminal to the civil standard for FTP panel hearings.

"Such a change could lead to good doctors being removed from the register, which cannot be in anyone's interest. If the civil standard is introduced, it could lead to inconsistent and unfair decisions in many cases, which may result in a greater number of legal challenges, undermining and delaying the regulatory process for doctors and patients alike."

Responding to the intention to appoint responsible officers to monitor the conduct and performance of doctors locally, Dr Stewart said:

"We have concerns about the introduction of another layer of regulation, when doctors are already one of the most heavily regulated professions. The Bill does not go into the details of how this procedure will operate, but it would need to be demonstrably fair, robust, transparent and impartial."

- The Health and Social Care Bill 2007-08 is available here.

- 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.

- MDU Services Limited (MDUSL) is authorised and regulated by the Financial Services Authority in respect of insurance mediation activities only. MDUSL is an agent for The Medical Defence Union Limited (the MDU). The MDU is not an insurance company. The benefits of membership of the MDU are all discretionary and are subject to the Memorandum and Articles of Association.

http://www.The-MDU.com

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