It is correct that the lack of independence in MHPS is only part of the problem. There were procedural abuses under HC90(9). Abuse of authority can occur under whatever procedure is in force if the managers involved misconduct themselves.

However, what specifically happened to Dr Michalak would not have been possible if there was independence in proceedings.

Dr Michalak's seems to be the most serious case ever reported. Hence the record damages - including exemplary damages for oppressive and unconstitutional acts by servants of the Government.

Though there was supposed to be an independent member of the panel that dismissed Dr Michalak, in the course of the Tribunal it emerged that the "independent" person was a close associate of the Medical Director. In fact it transpired that the "independent" member of the panel had actually recommended the Medical Director for his post at the respondent Trust. There was no independence in the proceedings taken against Dr Michalak.

Similarly the Case Investigator was a private individual with a medical degree but who had not treated a patient for 25 years. That person had been made redundant in March 2005 and was paid £600/ day from November 2005 to investigate Dr Michalak. She earned a staggering £60,000 doing so. Financial motivation was proposed as one reason for perpetually extending the investigation into Dr Michalak once the investigator realised the original allegations would be very difficult to prove. In the end the original allegations were disproven and Dr Michalak was sacked for a host of made up reasons, none of which could be supported by any actual events.

Under HC90(9), the independence came in the form of a legally qualified Chair who was often a QC - not a doctor who is friends with the medical director.

What is paramount if there is to be no repetition of these events is for doctors to revert to an independent system. Doctors do not know what was given up until after they find themselves in difficulty.

Competing interests: I declare no competing interests but I am Dr Michalak's husband. I am not a doctor and not subject to MHPS.