scholarly journals Responding to the Kerr/Haslam Inquiry

2006 ◽  
Vol 30 (6) ◽  
pp. 207-209 ◽  
Author(s):  
Fiona Subotsky

In 2004 I was asked by the College first to respond to the Inquiry's questions and later to attend a ‘stakeholders' meeting’. This was not so much in my capacity as Treasurer but as an officer with an interest in the issue of risk and professional difficulties for psychiatrists. A review of the public reports from the General Medical Council (GMC) of their determinations in the Professional Conduct Committee had made it evident that sexual misconduct was probably the single greatest cause of a finding of serious professional misconduct against a psychiatrist. In addition, I had contributed to an earlier debate on sexual safety for women in psychiatric hospitals (Subotsky, 1991, 1993).

Author(s):  
Kenneth Hamer

The claimant was a retired medical practitioner and sought judicial review to challenge the decision of the Professional Conduct Committee (PCC) of the General Medical Council (GMC) in the course of a preliminary hearing to refuse his application for voluntary erasure from the medical register. Had he been allowed to erase his name voluntarily, the proceedings would have been stayed. The complaint against the claimant related to five patients during his performance as a doctor. It was alleged that the claimant made specific and individual errors, and that the standards of his work were so low, and the errors so gross, that they amounted to serious professional misconduct.


Author(s):  
Kenneth Hamer

N, a professor and consultant in obstetrics of international repute, appeared before the Professional Conduct Committee (PCC) of the General Medical Council (GMC) in May 1998. The charge was dismissed, but, in the course of N’s evidence on oath, it was alleged that he lied to the Committee. The matter was referred to the Crown Prosecution Service (CPS), which decided that there was insufficient evidence for a realistic prospect of conviction of perjury. However, a second disciplinary hearing took place with a different panel in November/December 2000. The second panel found that N had given a patently incorrect answer under oath and that he was guilty of serious professional misconduct; the panel issued what it described as the severest of reprimands.


Author(s):  
William R. Roche

Doctors are familiar with the professional regulation of their practice and behaviour through the General Medical Council and for their liabilities under civil law in the event that a patient comes to harm. The public outcry in response to a series of reports into healthcare failings and wrongdoing has led to legislation that criminalizes certain acts and omissions. Increased resort to judicial review has also produced a series of key judgments that have more sharply defined the duties and liabilities of those commissioning and providing healthcare. Medical managers need to be aware of the increased range of professional expectations of them as individuals and the statutory duties of healthcare commissioners and providers. This chapter will discuss issues in relation to this, such as rationing, corporate manslaughter, due diligence, duty of candour, intellectual property, exploiting commercial interests, and trainee liability.


2016 ◽  
Vol 98 (1) ◽  
pp. 1-5 ◽  
Author(s):  
PJ Benson

'Oh what a tangled web we weave, When first we practise to deceive.’ Sir Walter Scott (Marmion, 1808) Think of scientific misconduct in the UK and Malcolm Pearce – one of the most high-profile cases – comes immediately to mind. Malcolm Pearce was an assistant editor of the British Journal of Obstetrics and Gynaecology, and a senior lecturer at St George's Medical School, when two fraudulent papers were published in the journal. A whistleblower at the hospital was the catalyst for an investigation that led to Pearce being fired, found guilty of serious professional misconduct by the General Medical Council, and struck off.1 The professor of the department, Geoffrey Chamberlain, who was also President of the Royal College of Obstetricians and Gynaecologists and Editor of the journal, resigned from both positions as he was named as an author on one of the fraudulent papers. He reportedly did not know that his name was on the manuscript and, in his defence, it was not unusual at the time for Heads of Department to have ‘gift’ authorship on the department’s publications, despite not making any contribution. Regardless, both were disgraced. Scientific misconduct has many faces and its true prevalence is unknown, although many agree that it is increasing. Is it because researchers are committing more publication crimes, or are we just better at discovering them? In the race to find a home for articles, are authors getting lazy, sloppy and making more mistakes? In the era of online publications reaching wider audiences, mistakes are easier to detect and report, and beware if Clare Francis stumbles across such misdemeanours… Since 2010 an individual (or perhaps even a group) whose gender, identity and occupation are unknown, but who operate under the name ‘Clare Francis’, has upped the ante and flagged hundreds of suspected cases of potential fraud across the globe. Notorious among journal editors as a relentless whistleblower and crusader against text and image fraud, some of Francis’ tips have resulted in corrections and retractions. For example, a 2006 paper in the Journal of Cell Biology was retracted after Francis raised concerns years after publication about image manipulation, which were validated by the publisher. .2 But why does it happen? Why not? Researchers are human and subject to the same frailties as in other walks of life. If a measure of a good academic is solely the number of articles they have published, then – when quantity is rewarded over quality – scientific misconduct may reveal a glimpse of the pressure researchers are under. It is worth remembering that, despite the stress of the ‘publish or perish’ culture, scientific misconduct is unacceptable in any guise and likely to be discovered, with embarrassing if not downright career- and reputation-destroying consequences. Good publishing etiquette is ultimately down to the integrity and moral sensibilities of researchers and authors. In this excellent article about some of the ‘sins’ of publishing, Philippa Benson, who has kindly written for this series before, provides a thought-provoking insight into scientific misconduct. Jyoti Shah Commissioning Editor References Lock S. Lessons from the Pearce affair: handling scientific fraud. BMJ 1995; 310: 1,547. Retraction notice. J Cell Biol 2013; 200: 359. doi:10.1083/jcb.2005070832003r.


2021 ◽  
pp. 203-213
Author(s):  
Lucian L. Leape

AbstractIn 1997, Britons were shocked by a report from the General Medical Council (GMC) of a series of deaths from bungled surgery at the Bristol Royal Infirmary. In response to parents’ complaints, the GMC had launched an investigation into the high mortality of cardiac surgery of children at the Infirmary. It found that of 53 children who were operated on, 29 had died and 4 suffered severe brain damage. Three surgeons were found guilty of serious professional misconduct, and two were stricken from the medical register [1].


Author(s):  
David Metcalfe ◽  
Harveer Dev

The Royal College of Physicians (RCP) has defined professionalism as a ‘set of values, behaviours, and relationships that underpins the trust the public has in doctors’. Dame Janet Smith has described professionalism as ‘a basket of qualities that enables us to trust our advisors’. The RCP has imagined some of the qualities that might be included within Dame Janet’s basket as ‘integrity, compassion, altruism, continuous improvement, excellence, and working in partnership’. The General Medical Council (GMC) has taken this further in the ‘Professionalism in action’ section of Good Medical Practice (2013). According to the GMC, good doctors ‘make the care of their patients their first concern: they are competent, keep their knowledge and skills up to date, establish and maintain good relationships with patients and colleagues, are honest and trustworthy, and act with integrity and within the law. They also work in partnership with patients and respect their rights to privacy and dignity. They treat each patient as an individual. They do their best to make sure all patients receive good care and treatment that will support them to live as well as possible, whatever their illness or disability’. The Medical Protection Society (MPS) has, however, been clear that ‘professionalism’ is not the same as ‘perfectionism’. Although professionalism encompasses the ambition to provide high- quality care, mistakes are an inevitable part of working as a doctor. For the MPS, ‘true professionalism comes into play when mistakes are made . . . knowing what to do when things go wrong and how to react appropriately can make all the difference in ensuring high standards of patient care are maintained and a speedy resolution is reached’. Situational judgement questions within this section will test your probity by exploring responses to scenarios that might require you to challenge unacceptable behaviour, maintain confidentiality, and, as always, prioritize patient safety. You need to demonstrate a commitment to achieving your various clinical responsibilities, as well as a desire for continued learning and a commitment to helping the development of others. These scenarios test your honesty towards patients and colleagues, and a willingness to admit mistakes.


2010 ◽  
Vol 92 (2) ◽  
pp. 113-117 ◽  
Author(s):  
John Coggon ◽  
Robert Wheeler

This paper offers an exploration of the right to confidentiality, considering the moral importance of private information. It is shown that the legitimate value that individuals derive from confidentiality stems from the public interest. It is re-assuring, therefore, that public interest arguments must be made to justify breaches of confidentiality. The General Medical Council&s guidance gives very high importance to duties to maintain confidences, but also rightly acknowledges that, at times, there are more important duties that must be met. Nevertheless, this potential conflict of obligations may place the surgeon in difficult clinical situations, and examples of these are described, together with suggestions for resolution.


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