GMC changes guidance on fitness to practise after High Court rulingBMJ 2008; 337 doi: https://doi.org/10.1136/bmj.a2887 (Published 04 December 2008) Cite this as: BMJ 2008;337:a2887
- Clare Dyer
The General Medical Council has had to change its guidance for deciding whether a doctor’s fitness to practise is impaired after an anaesthetist won a High Court ruling, quashing a finding against him.
Fitness to practise panels have been told that they should now take account of whether impairment is remediable; whether impairment has already been remedied by the time of the hearing; and whether the conduct is likely to be repeated. Previously such “personal mitigation” would be heard only after the panel had decided the doctor’s fitness to practise was impaired, and before deciding on the sanction.
The move follows a judgment last March by Mr Justice Silber in a High Court challenge by the …