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Clare Dyer
GMC consults on dropping vexatious complaints at an early stage
BMJ 2009; 338: b625 [Full text]
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[Read Rapid Response] GMC and vexatious complaints
Umesh Prabhu   (15 February 2009)
[Read Rapid Response] Who's being vexatious?
Mark Struthers   (20 February 2009)

GMC and vexatious complaints 15 February 2009
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Umesh Prabhu,
Consultant Paediatrician, The Pennine Acute Hospitals NHS Trust
Fairfield Hospital. Bury BL9 7TA

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Re: GMC and vexatious complaints

I am really pleased to read that the GMC is consulting on dropping vexatious complains at an early stage. Over the last 10 years or so, as far as patients are concerned the GMC has come a long way. However, having met many doctors whose lives have been ruined either because of the referrals to the GMC or GMC investigations, I do feel the pendulum has swung too far and many good doctors are frightened of the GMC and this is counter productive for the profession, professional regulation and for patient safety.

Going through any complaints is a daunting experience for any doctor. However, in the best interest of patient safety and to learn lessons from medical errors, poor quality care and to address systems failure, it is absolutely essential that patients and their relatives and the public have the opportunity to complain and NHS complaint system must be easy and patients should always get honest and sincere answers without any cover up. NHS should learn to address systems failure and make sure that all lessons are learnt.

But there should not be any place for vexatious complaints which can ruin innocent doctors’ lives, their confidence in doing their job and also their passion and commitment to this wonderful profession which can be dented and many doctors’ lives are wrecked and many do not recover for years to come. Many doctors reputation is tarnished.

Patients must have the right to complain and if the employers have not dealt with their complaint properly then they should have a right to complain to the GMC. GMC should consider dealing with many doctors referred to them by working with the doctor and employer to address the issues raised and if the employer has no concerns then cases should be closed quickly. As doctors we take lot of pride in this wonderful profession and are devastated when things go wrong with our patients. Medicine is a risky profession and there are times when things go wrong and we got to learn lessons. Most errors are dut to systems failure.

It is only those doctors who put patients at risk; show gross disregard for patient safety and fail to learn from their mistakes and commit criminal offence should be addressed by the GMC. Others should be dealt by the employers. Vexatious complaints should be dropped early.

Competing interests: None declared

Who's being vexatious? 20 February 2009
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Mark Struthers,
GP
Bedfordshire

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Re: Who's being vexatious?

Due process in the case of former Professor David Southall has been a very long and vexing road. Having filtered and processed a record number of complaints against Dr Southall, the GMC eventually concluded that the child protecting paediatrician was guilty, not once but twice, of serious professional misconduct [1] and latterly ordered his name be struck from the medical register – lest we forget the very considerable vexation. [2]

[1] Owen Dyer. Southall is barred for three years from child protection work. BMJ 2004; 329: 366-a. http://www.bmj.com/cgi/content/full/329/7462/366-a

[2] Owen Dyer. GMC strikes Southall off medical register for serious professional misconduct. BMJ 2007; 335: 1174-a. http://www.bmj.com/cgi/content/full/335/7631/1174-a

Competing interests: None declared