to feel this GMC investigation was fudged?

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Posted about this a while back. Sorry it's long.

I made a complaint to the GMC about a surgeon who is a family friend. I have a pelvic problem that began during pregnancy. At the time of the circumstances giving rise to the complaint, I was using a wheelchair outside the house. Over dinner with my parents, this doctor offered to visit me. I accepted and he duly came, took a detailed, business-like medical history, viewed scans, asked more medical questions, carried out an uncomfortable examination that involved putting pressure on the pubic bone. No one else was present. He said that he thought he had a treatment that could help me (over the ensuing weeks this turned into an oft-repeated assurance that he could 'completely cure' me to the point that I would live a normal life and bear more children). He recommended a guided injection of steroids/analgesics into the tendon. At the end of the consultation, he stated very firmly that he treated the whole person comprised of mind, body and spirit. I asked what that would involve and he hedged, saying Christ is the true healer. I was desperate for the (free) treatment and am a Christian, so I agreed.

Many hours of incredibly invasive, leading questioning followed, over a period of weeks. (I later discovered that the purpose of this questioning was to 'identify antagonisms'.) I have never known anything like it. He also demanded that my DH was there and subjected him to the questioning at times also. We were bewildered and doubtful that this injection was taking a long time to materialise. I kept checking that he had successfully treated my condition before; he assured me that he had. Then, without warning, he suddenly announced that I had to go and seek forgiveness from a family member for holding anger against them all my life. He pointed out that I was being abandoned to worsening torment because I hadn't done so already. Once I had done this, we were told that the doctor would 'harness' the 'spiritual and physical transformation' that would miraculously follow, making the injection much more effective. His manner during all this was a U-turn from how he'd been during the questioning; it was bullying and very, aggressive. He recounted endless anecdotes of all the other patients these tactics had worked with, along with a cautionary tale of another patient in exactly my circumstances who had suffered 'the worst fate' after refusing to go along with his 'request'. He also warned me that my condition could rapidly deteriorate to the point that I would lose parenting control of my daughter (something I'd earlier disclosed as my greatest fear). After that evening, there were emails reiterating the severity and urgency of my condition and the 'stated ramifications' if I didn't follow the 'prescribed pathway for healing'.

We got out of the situation as best we could and made a formal complaint to the GMC, complete with witness statements from myself and my husband. The doctor responded to say that he had NEVER investigated me, carried out an examination, diagnosed a condition, recommended a treatment or acted as a doctor in any way whatsoever. He was at a loss to know why I had abruptly terminated our friendly chats! He also pointed out that I had 'a long psychiatric history from childhood' and was good at writing (?). (I had panic attacks aged 14 and moderate depression at times during my twenties with one more serious episode.)

The GMC asked my parents to clarify what help the doctor had originally offered, thinking (they said in their report) that it could all have been 'a huge misunderstanding). My parents are ill and feel angry with me for getting a family friend into 'trouble'. They refused to participate. The GMC have closed the investigation without taking any action whatsoever, because:

• All they have to go on is two conflicting reports. The doctor says he wasn't acting as a doctor, which would mean it wasn't anything to do with them. Apparently, since the reports of what happened conflict and there is no other evidence, my witness statement alone isn't sufficient evidence. (This would not be the case if the complaint was more serious.) If the doctor was not acting as a doctor (My husband's witness statement is very similar to mine, BTW).
• The doctor has a clean record up to now and it would take something more serious than this to cause them apprehension.
• Without my parents' involvement they're unable to rule out that this could have been a misunderstanding, as above, with the doctor thinking he was there as a spiritual guide and me thinking he was there as a doctor.

So basically, if you see a patient privately (and this doctor is only in private practice) and then lie through your teeth about what happened, you can do what you like? Especially if you can claim that the patient in question has 'a long history of psychiatric problems?'

This episode was very, very difficult to go through and I'd like to know that it wouldn't happen to anyone else. I'd also like to know that what happened was addressed. Is there anything more that I can do?

laurie That sounds about right. He used lots of medical terminology in person, but kept it vague in the emails.

I think you're right that they don't want to see trouble. The GMC has a (perhaps now outdated) reputation for looking after its own, and it'll be so much worse in an area where the local worthies all went to the same schools, do business together and are elders in each others' churches.

Laurie, I think if a qualified doctor uses the phrase "pathway to healing" in an email to a sick person, most neutral observers would expect that to have a medical meaning if not clearly stated otherwise. It would certainly be a dangerously ambiguous statement for any doctor who genuinely did not wish to cause misunderstanding.

Seems like there may be an option to appeal the decision.

From the GMC website: If your complaint is exclusively about a decision we have made, and the law gives you a right of appeal against that decision, we will not treat it as a complaint about our service. Examples of these types of decision are: A decision not to investigate a complaint about a doctor, or not to refer a doctor to a public hearing following an investigation.

Sorry, that sounded like I was being snippy at you, Laurie - didn't mean to.

Well, blanket I had SPD too
(wheelchair for 1st pg) and it was chuffing AGONY and if someone had offered me guided steroid injections (which I eventually had into my hips at a hosp) I would have chewed their arm off for the chance of help. I can completely see how you were drawn in, esp as family friend, fellow Xtian etc.

I am SO SORRY this lowlife abused your trust.

I bet he was all 'medical' in person and vaguer in emails.
He knew exactly what he was doing, didn't he?
So on your behalf!

It's sticking your head above the parapet, but do you happen to know any other of his "patients"?

But you might be best to get legal advice before speaking to them, to reduce the risk of being accused of collusion.

It all sounds completely bizarre.. Why on earth did you believe in him . The interactions dont sound at all medical actually.. They sound pseudo spiritual mumbo jumbo .

It sounds like your word (DH counts as you) against his and your parents support his story.
Regardless of the truth, unfortunately no-one is going to accept your story if there are no other independent witnesses / similar claims.
You will need to let it go and move on

Thanks mindreader.

Idiotdh Well, obviously I've asked myself the same question. I feel spectacularly foolish. I can only say that it was outside my frame of reference for a very, very experienced orthopaedic surgeon, who was also a respected Christian teacher, to do anything unprofessional. So I kept on thinking he was having his little spiritual moment, each session believing it would end. In terms of medical terminology, you haven't really heard the spoken terminology that was used. A guided injection into the tendon sounds medical, yes? He also referred to the precise length of time he had been practicing medicine when we questioned his methods? Reassured me that he had seen and treated the condition many times. Described patients he had seen in private practice. Talked repeatedly about the physical cure he was going to bring about through his prescribed multi-staged treatment programme.

It seems that a doctor can do what he likes provided he's in private practice, lies through his teeth, alludes to a patient's psychiatric history and hides his notes! Perhaps all private consultations should be recorded to bring some accountability to medicine in this regard.

Pausing - there is no 'local' GMC, it's national and panels aren't made up of people in the area (like, for instance, magistrates). All panel members - in fact anyone involved in the investigation- would have to state if they had a conflict of interest or knew the doctor and withdraw. If it was found that anyone did know him
& failed to declare it the OP would have grounds to request a new investigation.

Did it go to a Panel Hearing OP?

And if you think the decision was flawed OP you can ask them to reconsider, giving reasons why you thought the decision was wrong or presenting new evidence you think they might not have considered.

What an awful situation. The doctor sounds barmy and a total charlatan.

But... the GMC are in a difficult position because it is literally your word against his. I've read GMC in the past, and there is usually a wealth of evidence against negligent doctors: paperwork (or lack of), numerous patients, numerous colleagues...

I still think you should appeal though. Just bear in mind that the highly unusual circumstances of this case makes it very difficult to prove, because there is no proof.

From what you are writing, I think you should appeal the GMC's decision.
I am very sorry that your were subjected to this and that you have not found 'satisfaction' in the resolution.

However, I don't think that what you are describing counts as 'Private Practice', but sounds much more like irresponsible actions involving a person in a very vulnerable situation.

Your story has strengthened me in my resolve to never advise an acquaintance/school-run mum/random stranger in the pub (yes, you, man in the pub last night… ) without the benefit of a formal setting.

I hope you find a way forward and that you are better now.

In a situation as you describe I would have expected him to at least be formally warned re his lack of note keeping/documentation and mixing of medical and spiritual advice - honestly, what on earth was he thinking?!

I agree this is not "private practice". Doctors who work privately conduct their business in hospitals and clinics. To carry out consultations and examinations in a patient's home just would not happen.

If he claimed he never 'treated' you & never charged you for sessions or provided you with medication or advice (other than as a 'friend' or 'spiritual guide' - what he might say, not what I think he IS, if you see what I mean) then there'd be no requirement for him to keep records or notes.

As someone who has worked as a doctor, and been GMC monitored due to bipolar, I can tell you what you have stated is more than enough for them to instigate FtoP proceedings. However the burden of proof would be on the GMC to prove that this occurred and your word against his is not sufficient proof.
I think you either need to convince your parents to give a statement, or just move on.
The GMC cannot just start suspending/erasing doctors on the opinion of one person.
I would ask that the GMC agree to keep your report on file. Chances are he will do this again and hopefully next time the patient will complain and it will get taken seriously.
I know it sucks, but the GMC have made the right decision based on the evidence presented to them.

divingoffthebalcony With respect, you're not in a position to say what would, or would not, happen. This is unusual and bizarre. How can you make decisions about what aspects of it would conform to your expectations? FWIW, the doctor in question practices out of an office in his own home most of the time.

Iklboo I do see your thinking. But what about the examination, the medical history, the prescribed treatment and all the references to his medical expertise? Surely the GMC would be quite annoyed if members of the public started going around behaving like this? Can't have it both ways... If a doctor wanted to prey on a vulnerable patient, this would be a great way to do it in complete safety, wouldn't it? Talk to the patient about being a doctor, claim to the GMC you never did, and only do it once. Isn't the patient's vulnerability supposed to be of paramount importance, rather than the doctor's? I apologise if this comes across as snippy - I hope you understand the depth of feeling involved.

raltheraffe and pacific dogwood Thank you for your comments. hat would you say if I had been raped? There are plenty of situations in which proof is scanty but the consequences of discounting the witness's testimony would be unthinkable. Sadly, I think it's very unlikely anyone else would complain. It was difficult enough for me to do. I was so sucked in that it took ages to work out what he'd actually done wrong.

Sorry, ikiboo, do the GMC offices of the four UK nations not deal with complaints for their own nations? That's what I meant by "local".

Because if the OP happens to be in one of the smaller nations, say in an area where people strongly identify with particular "communities" regardless of whether they're personal friends, then things can work a bit differently from a complaint made in the reyther larger pool of England.

But maybe complaints are dealt with at a UK level?

Sorry OP, I don't hold out much hope for you getting anywhere. It's shit.

I think ral has it: ask that your report be kept on file if there's a mechanism to do so. Because odds on he will do it again, and then suddenly your report will be important.

Sadly, the reality is that rape is very rarely successfully prosecuted.
I am not defending that, nor what happened to you and the outcome you had from the GMC.
Like I said, I'd use your right to appeal.

Oh, yes, I entirely agree with PausingFlatly: your complaint may well become part of a 'bigger picture', so it was important you found a way to a. recognise what he had done and b. to follow through with an official complaint.

I don't think you mentioned an email trail in your OP, that would go against him, but really the problem is going to be little evidence. There are an awful lot of vexatious complainants out there. Believe me the GMC is not on the side of doctors, so they really must have thought that there was no way that a fitness to practice panel would be able to do anything significant.

I think solicitors offer a free half hour, maybe take that up to see if you could bring a civil claim for harassment? If they also tell you there's no evidence then you may need to drop it. I'm not sure what the GMC appeal process so.

Greenfizzy I did mention an email trail but the references he makes are vague in comparison to the language used during the consultations. He talks about a 'prescribed pathway for healing', 'stated ramifications' of following/not following his advice, and the 'SO severe and urgent nature of my condition'. The GMC saw nothing there to complain about - and apparently didn't want to consider that it suggested the doctor had been less than honest in telling them we'd simply had 'friendly chats'. I wouldn't bring a civil claim because it wouldn't serve any useful purpose and would upset my terminally ill mother deeply.

Thanks everyone, this has been really, really helpful. Looking at the options - or lack thereof! - it's probably appropriate to appeal the decision once, and then leave it. The doctor referred repeatedly to a past patient in 'exactly my circumstances' who seemed to have committed suicide after seeing him. It's troubling me but I can't do more than I've done/am doing.

Thanks again for all this help. It's been great in helping me work out how to move forward. I think it's best if I leave the thread at this point as I do try not to dwell on the experience.

Very best of luck on your way forward