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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to feel this GMC investigation was fudged?

65 replies

blanketyblank100 · 03/10/2014 23:09

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?

OP posts:
iklboo · 05/10/2014 09:01

Pausing - no, they're all dealt with at UK level. And panels are drawn from people all over the country (including the islands) - I work in a similar related field. They wouldn't have people 'local' to the area sitting.

iklboo · 05/10/2014 09:03

And OP, your complaint WILL stay on his file, don't worry about that.

Mrsstarlord · 05/10/2014 09:17

Sounds like his defence is that this interaction with you was totally outside his role as a medical professional and part of his role as a spiritual teacher. Did he offer the support for free? If money exchanged hands this might help your case that you expected medical interventions, if not this will help his case that he was acting in a spiritual capacity as a favour to a family friend.
Whatever his case, he needs to be aware that the two don't mix and its a conflict of interests but as far as the GMC are concerned he hasn't done anything wrong (easy cop out for them).

Sounds like there is an option to appeal but that your chances of success might be limited by the old boys network and the lack of evidence but on the other hand perhaps being challenged about this might make him think again about how he presents himself and balances the two roles in his life - perhaps it will have your desired effect of him not doing it again.

justabigdisco · 05/10/2014 09:18

Hi OP. I'm afraid I don't have any useful advice, but I too remember you original thread.
I think you've been amazingly brave through all of this and you definitely did the right thing.

Greenfizzywater · 05/10/2014 09:49

Reports are always kept on file so if there is a pattern of complaints it will definitely be useful.

iklboo · 05/10/2014 15:04

There is no 'old boys network' these days. Most GMC staff aren't doctors you know. The panels don't know the doctor being complained about either personally or professionally and are made up of both medical and non-medical members.

Plus the panels these days are the MPTS - a separate entity from the GMC & don't answer to the GMC.

raltheraffe · 05/10/2014 16:25

The MPTS is a separate organisation, however at a FtoP panel hearing there will be a legal advocate from the GMC vs the doctor/doctor's legal advocate. It is the GMC which decide whether or not to refer to panel.
A FtoP panel will be made up of laypeople, legal experts and doctors. If a doctor knows the doctor being investigated, they have to adjourn the panel and get a new GMC doctor as there is a conflict of interest.
When I went to University there was still an "old boys network" and when I once applied for a post at Moorfield's to do eye surgery the first question I was asked was what hospital my dad worked at. My dad is not a doctor and I did not get that job.

wigfieldrocks · 05/10/2014 17:05

Have you actually taken any legal advice/action (as in pursuing a civil case) or just complained to the GMC?

chumrun · 05/10/2014 17:26

He hasn't committed a criminal offence, which rape is and a serious one at that. He's been unprofessional but he wouldn't go to jail for this while rape carries a severe sentence (when proven.)

So I think YABU to compare this to rape.

raltheraffe · 05/10/2014 17:32

Problem with a civil case would be demonstrating that the emotional distress caused by the doctor resulted in financial loss. It was free "treatment", so OP cannot reclaim the cost of it. She may be able to claim for the cost of therapy she has needed to get over the bizarre episode, but would have to demonstrate any deterioration in mental or physical health was a direct result of the consultations.
Unfortunately the word of a doctor who has had years of practice with no blemish on his career counts for a lot more than any patient with MH issues. Which is precisely the reason he targeted her, because he could discredit her so easily.
Personally OP I would be fuming at your parents. They are more interested in not offending a family friend than what their own daughter has been put through. If they co-operated and the issue was referred back to the GMC, the fact you have a MH history would make the allegations all the more serious. A lot of MPTS tribunals are about doctors abusing their position of trust to abuse vulnerable patients. Just have a read:

www.mpts-uk.org/decisions/data/1530.asp

There was recently a case of a doctor who got erased for pursuing a relationship with a vulnerable drug addict, while prescribing pharmacological doses of benzos to her. In the end she died, her death was in part due to benzo OD, and the investigation team found her diary in which she had detailed how she felt the doctor was using her for sex. If it had not been for the diary the doctor would have got away with it.
OP I really think you need to move on. Unless your parents co-operate you have very little evidence. Make sure the report is kept on file as I am sure the doctor will have done it before and will do it again. Let's hope he gets caught eventually.

MindReader · 05/10/2014 17:32

can anyone say if the complaints process / system is the same in Scotland as in England, please?

raltheraffe · 05/10/2014 17:58

I am pretty sure it is same as England. You can also complain to the CQC.

iklboo · 05/10/2014 21:42

The complaints system against doctors is exactly the same wherever in the uk a doctor practises - including the islands.

The outcome will of course vary depending on the complaint. Not every complaint goes to a panel hearing.

AlpacaYourThings · 05/10/2014 21:56

OP, I don't have any advice I just wanted to say that I believe you and I'm sorry you have been through this.

Thanks
MindReader · 05/10/2014 22:23

thank you, iklboo and ratheraffe Thanks

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