@drcmday watched GMC v Bawa-Garba in High Court and has written a blog about the way the GMC chose to argue the case against a junior doctor convicted of manslaughter for a medical error in the context of multiple system failures & errors from other staff
http://54000doctors.org/blogs/whose-interests-are-the-gmc-really-trying-to-serve-in-the-bawa-garba-case.html …
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Doubt there’s any robust legal definition of what “Maintaining Public Confidence” actually is, or should involve.
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Well whatever definition GMC chose to work by, you'd at least like to think they would be applying it uniformly. This suggests they haven't done that.
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Unless maintaining uniformity is one of the officially stated priorities, I’m not sure they could prioritise it. They have certain statutory duties. Including ‘protecting public confidence’.http://www.pulsetoday.co.uk/your-practice/regulation/doctors-to-be-scapegoated-under-gmc-fitness-to-practise-plans-says-gerada/20008412.article …
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I'll be honest, what they're objecting to there doesn't read much differently to the definition of 'fit & proper person' I had to adhere to every year in a different regulated environment. Nobody died if someone screwed up in my regulated world, yet similar benchmark.
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Agree ‘promoting and maintaining public confidence’ is on a par with ‘fit and proper person’. But, tbh, I’d say they’re equally undefinable. As a self employed GP I have to be both the above. Similarly vague ‘green socks’ clauses used to be frowned on.http://www.pulsetoday.co.uk/home/finance-and-practice-life-news/partners-increasingly-allowed-to-dismiss-partners-for-wearing-green-socks/20030464.article …
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You may think so, but many regulators think they've defined it. And it was brutally applied in my world. Fail the test, you could say goodbye to the industry, pretty much. But.. green socks clause?? The partnership equivalent of a nuclear deterrent? What the hell's going on??
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Does that culture - entrenched within medicine- help you understand my concern that a statutory body is able to define and apply vague concepts at will?
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