Calhaem, R (on the application of) v General Medical Council

Calhaem, R (on the application of) v General Medical Council

The finding of impairment due to misconduct was justified based on a series of serious errors by Dr Calhaem, but the finding of impairment due to deficient professional performance was not justified as it was based on a single episode. The sanction of three months' suspension was excessive given the circumstances and is quashed; the finding of impairment by reason of misconduct alone is a sufficient sanction.

Parties
Claimant: Dr Malcolm Noel Calhaem; Defendant: General Medical Council
Jurisdiction
England and Wales
Judgment Date
19 October 2007
Procedural Posture
Judicial Review / Statutory Appeal / Judgment on Appeal From Fitness to Practise Panel
Outcome
Appeal allowed in part
Legal Topics
Misconduct, Deficient Professional Performance, Sanctions, Appeal Procedure
Medical Law Professional Discipline Misconduct Deficient Professional Performance Sanctions Appeal Procedure

Case Brief

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Parties

Dr Malcolm Noel Calhaem

Claimant

General Medical Council

Defendant

Procedural Posture

Judicial Review / Statutory Appeal / Judgment on Appeal From Fitness to Practise Panel

Legal Issues

  1. 1 Whether the findings of fact by the Fitness to Practise Panel were erroneous
  2. 2 Whether the finding of impairment due to misconduct and/or deficient professional performance was justified
  3. 3 Whether the sanction of three months' suspension was excessive or disproportionate

Ratio Decidendi

The finding of impairment due to misconduct was justified based on a series of serious errors by Dr Calhaem, but the finding of impairment due to deficient professional performance was not justified as it was based on a single episode. The sanction of three months' suspension was excessive given the circumstances and is quashed; the finding of impairment by reason of misconduct alone is a sufficient sanction.

Court Disposition

Appeal allowed in part

Orders

  • Finding of impairment due to deficient professional performance quashed
  • Finding of impairment due to misconduct upheld