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Malpractice, Criminality, and Medical Regulation: Reforming the Role of the GMC in Fitness to Practise Panels

Marty Chamberlain Orcid Logo

Medical Law Review, Volume: 25, Issue: 1, Pages: 1 - 22

Swansea University Author: Marty Chamberlain Orcid Logo

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DOI (Published version): 10.1093/medlaw/fww025

Abstract

A recent Law Commission Review emphasised that medical fitness to practice panels (also called medical practitioners tribunals) are an important legal mechanism for ensuring that public trust in medical regulation is maintained when a complaint is made against a doctor. This paper examines trends ov...

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Published in: Medical Law Review
ISSN: 0967-0742 1464-3790
Published: 2017
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URI: https://cronfa.swan.ac.uk/Record/cronfa29693
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first_indexed 2016-09-02T12:54:26Z
last_indexed 2020-07-08T18:45:59Z
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spelling 2020-07-08T16:16:08.1233096 v2 29693 2016-09-02 Malpractice, Criminality, and Medical Regulation: Reforming the Role of the GMC in Fitness to Practise Panels 98bbc13e72a7ce4126a562a668e50144 0000-0001-6067-6561 Marty Chamberlain Marty Chamberlain true false 2016-09-02 CRIM A recent Law Commission Review emphasised that medical fitness to practice panels (also called medical practitioners tribunals) are an important legal mechanism for ensuring that public trust in medical regulation is maintained when a complaint is made against a doctor. This paper examines trends over time in panel outcomes to identify their effectiveness in ensuring public protection. Although a rise in complaints, and a change from the criminal to civil standard of proof, has not led to more doctors being struck off the medical register, increasingly action is being taken to provide advice, issue warnings and agree rehabilitative forms of action with doctors. It is argued that these trends are congruent with the broader adoption of a risk-based approach to professional regulation. Legal reforms to maintain public trust must ensure that the shift towards risk-averse forms of professional accountability do not sacrifice public safety and due process for the sake of political pragmatic exigency. Journal Article Medical Law Review 25 1 1 22 0967-0742 1464-3790 Complaints, fitness to practise, General Medical Council, medical regulation, medical practitioners tribunal, Medical Practitioner Tribunal Service 21 4 2017 2017-04-21 10.1093/medlaw/fww025 COLLEGE NANME Criminology COLLEGE CODE CRIM Swansea University 2020-07-08T16:16:08.1233096 2016-09-02T10:51:48.6819998 Marty Chamberlain 0000-0001-6067-6561 1 0029693-11042018154019.pdf 29693.pdf 2018-04-11T15:40:19.1800000 Output 455967 application/pdf Accepted Manuscript true 2018-12-26T00:00:00.0000000 true eng
title Malpractice, Criminality, and Medical Regulation: Reforming the Role of the GMC in Fitness to Practise Panels
spellingShingle Malpractice, Criminality, and Medical Regulation: Reforming the Role of the GMC in Fitness to Practise Panels
Marty Chamberlain
title_short Malpractice, Criminality, and Medical Regulation: Reforming the Role of the GMC in Fitness to Practise Panels
title_full Malpractice, Criminality, and Medical Regulation: Reforming the Role of the GMC in Fitness to Practise Panels
title_fullStr Malpractice, Criminality, and Medical Regulation: Reforming the Role of the GMC in Fitness to Practise Panels
title_full_unstemmed Malpractice, Criminality, and Medical Regulation: Reforming the Role of the GMC in Fitness to Practise Panels
title_sort Malpractice, Criminality, and Medical Regulation: Reforming the Role of the GMC in Fitness to Practise Panels
author_id_str_mv 98bbc13e72a7ce4126a562a668e50144
author_id_fullname_str_mv 98bbc13e72a7ce4126a562a668e50144_***_Marty Chamberlain
author Marty Chamberlain
author2 Marty Chamberlain
format Journal article
container_title Medical Law Review
container_volume 25
container_issue 1
container_start_page 1
publishDate 2017
institution Swansea University
issn 0967-0742
1464-3790
doi_str_mv 10.1093/medlaw/fww025
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description A recent Law Commission Review emphasised that medical fitness to practice panels (also called medical practitioners tribunals) are an important legal mechanism for ensuring that public trust in medical regulation is maintained when a complaint is made against a doctor. This paper examines trends over time in panel outcomes to identify their effectiveness in ensuring public protection. Although a rise in complaints, and a change from the criminal to civil standard of proof, has not led to more doctors being struck off the medical register, increasingly action is being taken to provide advice, issue warnings and agree rehabilitative forms of action with doctors. It is argued that these trends are congruent with the broader adoption of a risk-based approach to professional regulation. Legal reforms to maintain public trust must ensure that the shift towards risk-averse forms of professional accountability do not sacrifice public safety and due process for the sake of political pragmatic exigency.
published_date 2017-04-21T03:35:46Z
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