regulatorydefence

Regulatory Defence has successfully secured a reduced sanction of a 4 month suspension with no requirement for a review hearing and no immediate order, for a junior doctor who was facing the prospect of erasure with an immediate order of suspension, as submitted by the General Medical Council (‘GMC’).   

Dr X, a junior doctor, was referred by the GMC to a Medical Practitioners Tribunal after an investigation and hearing process lasting over 4 years. We are unable to expand on the details of the case due to the hearing process being held in private and restrictions on reporting and publication. 

Dr X had originally engaged with legal representation from a large national law firm, as well as barristers through various pro-bono schemes. Ultimately however they were disappointed with the representation they had received at both the facts and impairment stages of the hearing process.    

With the hearing adjourned part-heard prior to sanction, Dr X was unable to source adequate legal representation until contacting Deans Court Chambers, who in turn kindly signposted Dr X to Regulatory Defence. 

Following some initial exchanges, in which Regulatory Defence provided Dr X with advice and support, Jake Herman was formally instructed with just 48 hours before the Tribunal was due to reconvene at sanction. With such a short time to prepare, Jake worked tirelessly to advise Dr X, assisted in the preparation of the case and also represented Dr X at the Tribunal, with the hearing being held virtually.

Through both written submissions on sanction and oral submissions on the requirement for an immediate order, Jake was able to persuade the Tribunal that the reflections, insight and remorse shown by Dr X alongside the other points of mitigation evidenced, meant that it was not necessary to erase the doctor from the register, and that a short suspension was both appropriate and proportionate given the circumstances of the case.

It came as a great relief for Dr X when the Tribunal concluded the case with a 4 month suspension, without any review hearing being required and no immediate order of suspension.

If you are facing disciplinary proceedings being brought against you by your regulator, then don’t hesitate to contact Regulatory Defence for an no obligation initial consultation. Whilst Regulatory Defence were successful in Dr X’s case with just 48 hours to prepare, the best advice is to seek expert legal advice and representation as soon as possible.