My take: might take a few tweets so hang in there I read analysis of the case & conviction - if happened in Scotland burden of proof for closest equivalent charge would not have been met. So either no conviction or a less serious conviction 1/
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Some in medical community upset on prosecution and verdict. Referred to MPTS and seems likely that would’ve happened even without a criminal conviction given the errors. Not sure too many disagrees with the sanction given, seemed just under circumstance 2/
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Challenge of the sanction by GMC annoyed a lot of people. If she had not been prosecuted or had been convicted of a lesser charge would GMC challenge at all. By doing so they also undermined the autonomy of their own tribunal system 3/
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GMC seem to have won the appeal largely on the basis of the seriousness of the charge but some dispute the level of proof required ie is too low and therefore sanction now seems disproportiate and any “fairness” to all parties lost 4/
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If there was no threat of prosecution ie had occurred in Scotland say, could dialogue and resolution between all parties have occurred much sooner, in an open manner? Anger at end from large number of professionals I think is from overall conclusion Ends
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Amendment: Wording not clear. I read the analysis of the case in either a blog or newspaper article from a legal practitioner who concluded on balance the case wouldn’t have met the burden of proof in Scotland etc
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I agree it’s unlikely GMC would’ve appealed for a less serious charge. It’s the gravity of the charge which brought public confidence into play & although you say GMC undermined the autonomy of MTPS, the High Court ruling did strongly suggest GMC had a point. given they won. 1/
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Re level of proof, it’s obv crim standard for conviction (pretty high) but what else must be proved? Resultant harm to public confidence? How? If we remove Nick ‘poke my nose in where it doesn’t belong’ Ross from the equation, I see little public support for reversing erasure. 2/
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