Doctors whose performance gives cause for concern
Since the Harold Shipman case professional regulation within the medical profession has become a public priority. In order to meet public concern and help maintain the good standing of the medical profession and the high regard in which GPs are held, Wessex LMCS has recently reviewed the procedures to be followed when a doctor's performance gives cause for concern.
Voluntary procedures
Wessex LMCS have consulted widely with all the local PCTs to seek an agreed procedure. We have incorporated their views and amendments and most of the local PCTs will in future be using the new procedures. This has the distinct advantage that we are now using a widely accepted, well known and trusted process throughout our region.
The procedures are designed to protect patients, while supporting the doctor in question. They are entirely voluntary and are intended to be used to ensure that any concerns are dealt with adequately at the earliest stage.
The LMC medical directors will each adopt a different role throughout these procedures. One will provide personal support to the doctor throughout the procedures, another will represent the profession at the screening stage, and a third director will represent the profession in those cases that progress to performance review.
In the event of personal difficulties and concerns, please consult the LMC at the earliest opportunity when we may be able to offer timely advice and support.
The performance and screening panels may recommend further action to help a doctor to address any areas of concern in a supportive environment. Cooperation with the recommended actions is generally to be recommended, as the aim is for the GP to continue working safely with an unblemished reputation.
Procedure for identification and support of doctors whose performance is giving cause for concern.
Statutory procedures
Occasionally concerns raised are more serious and the PCT may be obliged to take action.
This process is not voluntary and may have serious consequences.
GPs facing these procedures should seek further advice and support from Wessex LMCS and/or their medical defence organisation at the earliest opportunity.
The disciplinary and list management procedures are laid down in legislation.
Documentation relating to the Regulation of primary care
NHS performers list regulations
http://www.opsi.gov.uk/si/si2004/20040585.htm
Primary medical performers lists - Delivering Quality in Primary Care Advice for Primary Care Trusts on list management
http://www.mmc.nhs.uk/download_files/Primary-Medical-Performers-Lists.pdf
NHS Act 1977 - NHS & Community Care Act 1990 - Restriction of Practice and Exclusion from Work Directions 2003
http://www.dh.gov.uk/assetRoot/04/07/27/95/04072795.pdf
Maintaining high professional standards in the modern NHS 2005
http://www.dh.gov.uk/assetRoot/04/10/33/44/04103344.pdf
Directions on Disciplinary Procedures 2005
http://www.dh.gov.uk/assetRoot/04/10/33/31/04103331.pdf
Hempsons Newsflash - January 2006
http://www.hempsons.co.uk/fileserver.aspx?oID=296&lID=0
PCTs must ensure fair hearings for doctors - 19 January 2006
http://www.medicalprotection.org/Medical/United_Kingdom/News/Press_Releases/20060119_pr_pct.aspx
GMC referral
In some cases GMC referral is considered the most appropriate course of action.
This is not part of the voluntary procedures and the consequences may be very serious.
GPs facing GMC referral should seek advice and support from Wessex LMCS and/or their medical defence organisation as soon as possible.
GMC - Guide for individual doctors, medical directors and clinical governance managers
http://www.gmc-uk.org/concerns/complain/guide_for_health_professionals.asp
GMC - Guide for referred doctors
http://www.gmc-uk.org/concerns/complain/guide_for_referred_doctors.asp
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