Simon Gurney ensures no regulatory action against Consultant accused of dishonesty in the preparation of expert medico-legal reports

Simon Gurney was instructed by Jared McNally of Clifford Johnston Solicitors, to represent Dr SM, a Consultant working in the NHS, alongside his practice preparing medico-legal reports in relation to road traffic accidents.

Dr SM had been referred to the GMC by a Claimant in relation to an accident who he had assessed and about whom he had prepared a report. It was alleged that he had prepared his report dishonestly, claiming to have undertaken examinations that he knew never took place, and failing accurately to record the information relayed during a rushed consultation. Patient A, who gave evidence at the hearing, claimed that Dr SM had seen 30-40 patients during the day of her appointment, which took place at a Premier Inn. She described the foyer outside the consulting room as like a “cattle market.”

Simon and Jared advised Dr SM throughout the proceedings, from the point of his referral to the conclusion of the proceedings before the Medical Practitioners Tribunal. Simon represented him during the 10-day final hearing before the Medical Practitioners Tribunal in September-November 2021.

Dr SM admitted a number of inaccuracies in his report, but denied others and, crucially, denied any suggestion of dishonesty. The Tribunal found in his favour, rejecting the GMC’s case that he had behaved dishonestly.

The Tribunal ultimately found that Dr SM’s fitness to practise was not impaired and refused the GMC’s invitation to impose a warning upon him.

Dr SM is therefore free to continue in his practise without any concerns and his fitness to practise or any restrictions on his registration.

Dr SM said:

“Simon was amazing in the way he dealt with my case and fought to get the outcome I desired… I applaud his professionalism, his attention to detail and his arguments were exceptional, as well as his ability to keep me calm and offer sound clear advice. His attention to detail was brilliant and I was happy to put my utmost trust in him to defend me. He is an outstanding advocate who is intuitive and thorough and knew exactly what to say.

Jared was equally very professional and always on hand to answer any queries I had and gave me advice and helped me in many ways. Simon and Jared were always available to answer any questions/concerns via email or WhatsApp, whether it was the weekend or the evening.

I am indebted to both, one who presented my case and the other who prepared my case. I would definitely recommend both Simon and Jared for cases involving the GMC.”

Simon Gurney has a wealth of experience across a range of disciplinary tribunals representing professionals facing allegations of serious professional misconduct. He has a strong track record securing outstanding results and is happy to accept instructions either to advise or to appear during a contested hearing.

If you would like any further information please contact David Wright, Senior Clerk in Chambers on 0161 832 5701 or dwright@lincolnhousechambers.com