General Medical Council v Dr E

The extension of interim conditions is justified only to the extent necessary for public protection, given the unreliable nature of the rape allegations and the disproportionate effect of condition 5(a). Conditions should be varied to allow practice with safeguards against inappropriate relationships with vulnerable female patients.

Parties: Claimant: General Medical Council; Defendant: Dr E
Jurisdiction: England and Wales
Judgment Date: 17 October 2013
Procedural Posture: Judicial Review / Interim Order Extension Application
Outcome: Application granted in part
Legal Topics: Interim Conditions, Fitness to Practise, Protection of Public, Proportionality, Delay in Investigation

Medical Law Administrative Law Interim Conditions Fitness to Practise Protection of Public Proportionality Delay in Investigation

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Parties

General Medical Council

Claimant

Dr E

Defendant

Procedural Posture

Judicial Review / Interim Order Extension Application

Legal Issues

1 Whether extension of interim conditions order is justified under section 41A of the Medical Act 1983
2 Whether condition 5(a) is proportionate given the delay and practical effect
3 Whether allegations against the defendant justify continued restriction

Ratio Decidendi

Court Disposition

Application granted in part

Orders

Interim conditions order extended for 6 months
Condition 5(a) discharged and replaced with new conditions restricting contact with female patients and requiring offer of chaperon