Undertakings in Fitness to Practise: A Double-Edged Sword? Undertakings have become an increasingly common tool in fitness to practise proceedings across various healthcare regulators. Whilst ostensibly designed to protect the public, some argue they provide a means for practitioners to sidestep a formal impairment finding. This article examines the dual nature of undertakings and their …
Welcome to Legal Jukebox Friday: Legal Jukebox Friday is your weekly dose of lively discussions where we randomly select a legal case to explore and why it may assist those practising in regulatory law, including solicitors, adjudicators and healthcare professionals. While some of these cases may be considered classics, they remain relevant and are worth revisiting. So, …
PSA v GDC & Naveed Patel: A Landmark Ruling Reshaping Fitness-to-Practise Cases The recent ruling in PSA v GDC & Naveed Patel marks a significant shift in how fitness-to-practise cases involving criminal convictions are assessed. This landmark decision brings much-needed flexibility and fairness to the regulatory landscape, offering a long-awaited update for regulatory committees and …
The 2017 Supreme Court ruling in Michalak v General Medical Council [2017] UKSC 71 stands as a pivotal moment in the realm of professional regulation in the UK. This landmark decision has significantly impacted how professionals can challenge their regulators, particularly in fitness to practise matters. By opening a new avenue through Employment Tribunals, the …
A distressing account detailed in The Times sheds light on the tragic murder of ten-month-old Finley Boden at the hands of his drug-abusing parents and the systemic failures within care agencies. The report uncovers a harrowing reality: Finley suffered a savage attack, enduring 130 injuries inflicted by his parents, Stephen Boden and Shannon Marsden. In …
The NHS Introduces “Martha’s Rule” to Enhance Patient Communication and Safety Background: In a bid to address concerns regarding delayed responses to deteriorating patient conditions, the National Health Service (NHS) in England is implementing a new initiative called “Martha’s Rule.” This follows the tragic case of Martha Mills, who tragically passed away in 2021 after …
The surge of healthcare influencers on social media has created a double-edged sword for UK healthcare professionals (HCPs). While these platforms offer opportunities for professional development, public engagement, and connecting with like-minded individuals, the growing influence of online personalities and the ever-evolving social media landscape can leave HCPs navigating a treacherous ethical and legal minefield. …
An Unforeseen Incident On September 27, 2022, at the South West London Elective Orthopaedic Centre, an event occurred that raised concerns about patient safety and medical professional well-being. Dr. Thomas Herbst, an anaesthetist entrusted with safeguarding a patient undergoing shoulder arthroscopy, experienced a lapse in judgment and succumbed to sleep mid-procedure. This incident, fortunately without …
Navigating the New Terrain: A Closer Look at the 2024 “Good Medical Practice” Update As of 30th January 2024, the General Medical Council’s (GMC) cornerstone guide, “Good Medical Practice,” underwent a significant reshaping. This update reflects the shifting sands of healthcare, sculpted by legal, regulatory, and cultural changes over the past decade. Let’s delve deeper …
Surge in NMC Investigations In the aftermath of the shocking Lucy Letby story, the regulatory landscape for nursing and midwifery is experiencing an alarming increase in fitness to practise (FtP) referrals and enquiries. Monthly cases have reached an all-time high, with the Nursing and Midwifery Council (NMC) receiving 578 FtP referrals in September alone – …