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Judge quashes GMC’s decision to pursue old allegations against a consultant

BMJ 2013; 347 doi: https://doi.org/10.1136/bmj.f5840 (Published 25 September 2013) Cite this as: BMJ 2013;347:f5840
  1. Clare Dyer
  1. 1BMJ

A High Court judge has quashed a General Medical Council decision to proceed with allegations against a consultant obstetrician and gynaecologist that had been found unsubstantiated by police 21 years before.

Mr Justice Haddon-Cave said that the decision by the GMC’s assistant registrar in 2011 to waive the five year rule and send the allegations of sexual misconduct with the doctor’s 15 year old stepdaughter forward to case examiners was “plainly wrong” and “fundamentally flawed.” The rule bars stale complaints unless there are exceptional circumstances and it would be in the public interest for the case to go ahead.

The case examiners later decided that there was a reasonable prospect of proving that the consultant’s fitness to practise was impaired, but the case was put on hold when the doctor, named only as D, challenged the decision at the …

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