The Medical Defence Union, which indemnifies over half of UK doctors and assists hundreds each year with GMC fitness to practise investigations, says the GMC's proposed guidance on the use of the civil standard of proof would turn part of the decision-making process on its head.

The GMC consultation*, says that decisions about how flexibly the civil standard of proof will be applied to decide whether the allegations are true, will take into account the seriousness of the allegation and the likelihood of erasure. But the MDU does not believe it is fair to make such decisions when the very fact that a doctor is subject to a fitness to practise hearing means there is the potential for him or her to be struck off because of the allegations before the GMC.

Dr Hugh Stewart, Head of Case Decisions at the MDU said:

"It can't be possible to take into account whether someone is likely to be erased or not at a time when the allegations before the GMC have not even been proven. We cannot understand how anyone can think this is right or fair. It seems nonsensical and there are similarities with the trial in Alice in Wonderland when the Queen of Hearts proclaimed: 'No, no! Sentence first - verdict afterwards'.

"Making the decision as to the seriousness of the outcome before the facts have been tested would seem to be prejudging the final outcome. We expect it will give rise to challenge in some cases because the standard was applied unfairly."

-- * Fitness to practise consultation - the standard of proof, GMC, 20 August 2007, gmc-uk/concerns/consult/index.asp

-- The MDU is a mutual, not for profit, organisation owned by our members who include over 50 per cent of the UK's hospital doctors and GPs. Established in 1885, we were the world's first medical defence organisation. We defend the professional reputations of our members when their clinical performance is called into question. Our benefits of membership include indemnity for claims of clinical negligence and a wide range of medico-legal advisory services.



MDU Services Limited (MDUSL) is authorised and regulated by the Financial Services Authority in respect of insurance mediation activities only. MDUSL is an agent for The Medical Defence Union Limited (the MDU). The MDU is not an insurance company. The benefits of membership of the MDU are all discretionary and are subject to the Memorandum and Articles of Association.

MDU Services Limited is registered in England 3957086. Registered Office: 230 Blackfriars Road London SE1 8PJ.

Medical Defence Union