24.09.13
‘Insufficient evidence’ of Stafford doctors’ misconduct – GMC
The General Medical Council (GMC) will not be bringing disciplinary action against four senior doctors who worked at Stafford Hospital during the abuse scandal.
Although the regulator agreed there were “systematic management problems” at the trust, none of it could be attributed to any individual doctor. The cases against Dr John Gibson, Dr Valerie Suarez, Dr David Durrans and Dr Dermot Mulherin will now be dropped.
Tom Kark QC gave legal advice to the GMC on the cases and said that there was “no realistic prospect of securing a finding against these doctors on the allegations made”. He advised “in the strongest terms” that the cases could not proceed to a hearing.
Niall Dickson, chief executive of the GMC, said: “Following a thorough investigation, we have taken the decision to close four cases involving doctors who held management positions at Stafford Hospital.
“Mr Kark has told us that there is ‘no realistic prospect’ of securing a finding against these doctors on the allegations made. Following the extensive investigations we have undertaken – which Mr Kark acknowledges in his advice – there is not the evidence to establish either misconduct or impairment against any of the doctors.
“We know that many of those who saw and experienced the appalling care at the trust feel badly let down and frustrated that no-one is taking responsibility for what happened. However, the law is clear: we can only prosecute a doctor if there is sufficient evidence of that individual's wrongdoing.”
The GMC added that restrictions on the regulator’s powers of operation were hampering accountability. Currently the GMC is required to prove a doctors’ performance led to patient harm and risk, and that they provide an ongoing risk to patients.
Dickson said: “We want to be able to hold doctors to account where they have harmed patients or put them at risk, even if they have subsequently shown insight and can claim they are no longer a risk to patients. We also want to have a right of appeal against panel decisions by the Medical Practitioners Tribunal Service – this would allow us to act when we believe the panel has been too lenient.”
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