A look at the criteria the GMC & MPTS decision makers will use to decide if doctors pose a risk to public protection.
Assessment of Risk
GMC decision makers and the MPTS’ assessment of risk includes considering:
- the seriousness of the concern
- any relevant context, and
- how the doctor has responded to the concern
How the doctor has responded to the concern
The extent to which a doctor is able to recognise there is a concern, try to understand how it arose (insight) and steps taken to address the concern and learn from it (remediation) is a relevant consideration when GMC decision makers and MPTS tribunals consider risk.
Insight
According to GMC guidance, for a doctor to take effective steps to reduce the level of any risk they pose to public protection, they must have insight. This means recognising there is a concern, understanding how it arose, and understanding how it can be addressed.
Where the concern relates to a doctor’s poor performance or behaviour, it is crucial that the doctor has insight into what went wrong and appreciates what should have been done differently. They must also show they understand how they should act differently in the future to avoid a similar concern occurring again.
Where the concern relates to a doctor’s health condition, it’s important they’re aware of the impact their condition could have on patient safety. The doctor should only work if it is safe to do so because any impact is being effectively managed. Where the doctor is working, they should be seeking and following treatment and advice and taking steps locally to manage any potential risk to patients.
Remediation
The same guidance says that remediation is where a doctor actively addresses concerns about their behaviour, performance, or the impact of a health condition. Remediation can take several forms and, where successful, will make it less likely that regulatory action is needed to address any unmitigated risk. For remediation to be successful, it needs to focus on activities that reduce the level of any risk posed to one or more parts of public protection.
Disclaimer: This article is for guidance purposes only. Kings View Chambers accepts no responsibility or liability whatsoever for any action taken, or not taken, in relation to this article. You should seek the appropriate legal advice having regard to your own particular circumstances.