General Medical Council v Dr E [2013] EWHC 3425 (Admin) (17 October 2013)

General Medical Council v Dr E [2013] EWHC 3425 (Admin) (17 October 2013)

Extension of interim conditions order is justified for 6 months, but existing condition 5(a) is disproportionate given delay and practical effect. Allegations of rape are based on manifestly unreliable evidence and must be discounted. Credible risk remains regarding inappropriate relationship with vulnerable patient and isolated probity issue. Conditions should be varied to allow practice as locum GP with safeguards to prevent inappropriate relationships, balancing protection of public and defendant's interests.

Citation
[2013] EWHC 3425 (Admin)
Parties
Claimant: General Medical Council; Defendant: Dr E
Jurisdiction
England and Wales
Judgment Date
17 October 2013
Procedural Posture
Application for Extension of Interim Order Under Medical Act 1983 S.41 a / Judgment on Application
Outcome
Application granted in part
Legal Topics
Interim Orders, Fitness to Practise, Proportionality, Delay in Proceedings
Medical Law Administrative Law Interim Orders Fitness to Practise Proportionality Delay in Proceedings

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Parties

General Medical Council

Claimant

Dr E

Defendant

Procedural Posture

Application for Extension of Interim Order Under Medical Act 1983 S.41 a / Judgment on Application

Legal Issues

  1. 1 Whether extension of interim conditions order is justified under s.41A Medical Act 1983
  2. 2 Whether existing conditions are proportionate given delay and practical effect
  3. 3 Reliability of evidence supporting allegations

Ratio Decidendi

Extension of interim conditions order is justified for 6 months, but existing condition 5(a) is disproportionate given delay and practical effect. Allegations of rape are based on manifestly unreliable evidence and must be discounted. Credible risk remains regarding inappropriate relationship with vulnerable patient and isolated probity issue. Conditions should be varied to allow practice as locum GP with safeguards to prevent inappropriate relationships, balancing protection of public and defendant's interests.

Court Disposition

Application granted in part

Orders

  • Interim conditions order extended for 6 months
  • Condition 5(a) replaced with varied conditions: no personal contact with female patients except by prior appointment, restrictions on telephone and electronic contact, limit on consultations, offer of chaperon, prohibition on unscheduled contact