Dr S, a Consultant Obstetrician and Gynaecologist was referred by the GMC to a Medical Practitioners Tribunal after an investigation lasting 3 years. She was referred in respect of two cases: one concerning her permitting a registrar to be involved in his own wife’s Caesarean section; and another involving references written on behalf of a colleague.
Dr S had admitted a number of the allegations at an early stage, but disputed others. She particularly disputed the allegation by the GMC that she acted dishonestly in a number of different respects in both cases.
After a 3 week hearing the Tribunal found all of the contested charges not proven, meaning that only the charges admitted by Dr S proceeded to the second stage, where Simon successfully persuaded the Tribunal that Dr S was fit to practise as a medical practitioner.
The Tribunal concluded her case with a warning in relation to the aspects of her conduct which she had admitted from the very outset.
Dr S was represented by Simon Gurney, on a direct access basis in relation to the clinical case and instructed by Clyde & Co on the reference case.
After the hearing, Dr S said:
“Following a 3-year investigation and a 3-week Medical Practitioners Tribunal Service hearing, I, a Consultant Gynaecologist, had my name righteously cleared following serious allegations relating to dishonesty that threatened my medical registration.
I am confident that the favourable outcome was only made possible by Mr Gurney, and would highly recommend him to anyone undergoing any such difficult circumstances.
I was accused of a long list of allegations by the GMC in a complex and multifaceted sequence of events that revolved around a unique situation with one of the junior doctors and their clinical involvement in the care of their wife, who was admitted in labour, and around a second case of writing a an employment reference for a colleague.
I had immense confidence in Mr Gurney’s interactions and approach from the outset. His approach was very empathetic as I endured the most stressful time of my life. Most notably he had a quick grasp of the complex sequence of events, which filled me with confidence, and based on which he was able to offer me sound advice on choosing the right approach. I found the dealings with Mr Gurney very easy, particularly as he was always available to answer my questions at any time of day or weekend.
Mr Gurney demonstrated sharp attention to detail in his abilities to dissect through large volume of evidence and carefully select the critical items. He had great foresight to help him plan and predict the line of questioning the GMC would take, and was able to carefully plan and counteract their approach. He carefully selected the right battles and his advocacy was logical, convincing and engaging.
Mr Gurney also assisted me with writing a thorough statement as part of the investigation. Whilst I accepted that my conduct was unintentionally misleading, I denied acting dishonestly, and the argument formulated by Mr Gurney was powerful and compelling.”
Simon specialises in the law concerning professional discipline and regulation.
He has experience representing police officers, doctors, nurses, pharmacists, social workers and other professionals before their regulatory tribunals and the higher courts. He is an experienced ‘direct access’ barrister, meaning he can accept instructions from a client without the need for a solicitor. He is also able, where necessary, to recommend experienced solicitors for clients who require assistance with litigation.
If you find yourself in need of advice or representation concerning such matters, please contact David Wright in Chambers on 0161 832 5701 or firstname.lastname@example.org who will be able to discuss your needs and instruct Simon accordingly.