@MonsignorMirth - agreed.
There's a bit of case law which I really like, which cuts right to the nub of insight and remediation, which I think isn't quoted enough. It's Kimmance v. GMC and reads:
I do not much like those jargon words. They do not do much to illuminate the reality, which is that a doctor or other professional who has done wrong has to look at his or her conduct with a self-critical eye, acknowledge fault, say sorry and convince a panel that there is real reason to believe he or she has learned a lesson from the experience
I can rattle off the relevant case law on impairment if anyone likes (I'm sure it will be heard in the tribunal) but basically it boils down to two things:
- Is he at risk of repeating the misconduct? If yes, impaired. (Cohen v. GMC)
- If not at risk, is what he did so awful that a finding of impairment has to be made to uphold standards and protect the reputation of the profession? (Grant v. GMC)
Many more words will be used in the tribunal, I'm sure, but that's it in a nutshell.
First they decide on misconduct, though, which is basically "Is what he did a serious departure from professional standards?" I anticipate both sides will accept that it was, but that will be the first decision.