Published 27 October 2009, doi:10.1136/bmj.b4203
Cite this as: BMJ 2009;339:b4203

Feature

Falling foul of gagging clauses

¹ Hertfordshire

Gagging clauses can also work in favour of doctors who leave trusts "under a cloud," making it difficult for future employers to find out what went wrong and leaving them free to repeat their behaviour. These legal restrictions make it difficult to raise concerns about a doctor’s competence. The BMJ has uncovered a case of one consultant currently working as a locum who has left two trusts with gagging clauses concealing the reasons for the departures. Jane Cassidy hears how a concerned medical colleague who tried to report the consultant to the General Medical Council got into trouble for breaching the gagging clause

The first 150 words of the full text of this article appear below.

"My problem was with my recently appointed consultant colleague. I had concerns about the consultant’s competence, and nurses witnessed shortcomings and informed me of them. My managers said I must do what I thought right. I submitted my complaint, and the individual was swiftly removed from clinical practice. An excellent start.

There were more detailed reports from me and various meetings, although I was kept in the dark about meetings with my colleague. Then things seemed to deteriorate. The consultant’s previous trust had agreed a gagging clause and seemingly had been keen to be relieved of the doctor’s services whatever happened in future.

We found out when my medical director contacted their opposite number at the doctor’s last employer, in response to my complaint, and was told nothing could be discussed because of the gagging clause.

When the doctor finally left my trust, another gagging clause was imposed. Before this . . . [Full text of this article]

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