Medical Profession in UK Law

Leading Cases
  • R (Gupta) v General Medical Council
    • Privy Council
    • 21 December 2001

    But in many cases the advantage is very significant and the appeal court recognises that it should accordingly be slow to interfere with the decisions on matters of fact taken by the first instance body.

  • Council for the Regulation of Health Care Professionals v General Medical Council, Nursing and Midwifery Council, Truscott and Ruscillo
    • Court of Appeal (Civil Division)
    • 20 October 2004

    The role of the Court when a case is referred is to consider whether the disciplinary tribunal has properly performed that task so as to reach a correct decision as to the imposition of a penalty. The test of undue leniency in this context must, we think, involve considering whether, having regard to the material facts, the decision reached has due regard for the safety of the public and the reputation of the profession.

  • Dr. Leonard Mark Marinovich v The General Medical Council
    • Privy Council
    • 24 June 2002

    This is because the assessment of the seriousness of the misconduct is essentially a matter for the Committee in the light of its experience. It is the body which is best qualified to judge what measures are required to maintain the standards and reputation of the profession.

  • Dr. Purabi Ghosh v The General Medical Council
    • Privy Council
    • 18 June 2001

    For these reasons the Board will accord an appropriate measure of respect to the judgment of the Committee whether the practitioner's failings amount to serious professional misconduct and on the measures necessary to maintain professional standards and provide adequate protection to the public. But the Board will not defer to the Committee's judgment more than is warranted by the circumstances.

  • Yeong v General Medical Council
    • Queen's Bench Division (Administrative Court)
    • 28 July 2009

    In such a case, the efforts made by the medical practitioner in question to address his behaviour for the future may carry very much less weight than in a case where the misconduct consists of clinical errors or incompetence.

  • Meadow v General Medical Council
    • Court of Appeal (Civil Division)
    • 26 October 2006

    On an appeal from a determination by the GMC, acting formerly and in this case through the FPP, or now under the new statutory regime, whatever label is given to the section 40 test, it is plain from the authorities that the Court must have in mind and give such weight as is appropriate in the circumstances to the following factors:

  • Dr. John Roylance v The General Medical Council
    • Privy Council
    • 24 March 1999

    Misconduct is a word of general effect, involving some act or omission which falls short of what would be proper in the circumstances. The standard of propriety may often be found by reference to the rules and standards ordinarily required to be followed by a medical practitioner in the particular circumstances. First, it is qualified by the word "professional" which links the misconduct to the profession of medicine.

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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Annex E - Financial circumstances
    • HM Courts & Tribunals Service court and tribunal forms
    Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
    ... ... 2. Occupation, trade or profession ... 3. Esti m ated gross m onthly earnings ... ... 5. Cloth i ng ... 6. Medical/dental/optical fees ... 7. Maintenance paid ... 8 ... ...
  • Appeal application A
    • HM Courts & Tribunals Service court and tribunal forms
    Primary Health Lists Tribunal forms including appeal and response forms.
    ... ... If appointed, please give details of your representative: ... Profession ... Telephone number(s) ... (include any mobile) ... Email address ... Who ... A decision relating to a medical/dental/pharmacy/optical performers list (please delete): ... A decision to ... ...
  • Disability discrimination claim after permanent exclusion - parent
    • HM Courts & Tribunals Service court and tribunal forms
    Special Educational Needs and Disability (SEND) Tribunal forms including the education, health and care (EHC) plan form to appeal against a decision.
    ... ... A copy of any medical ... or professional diagnosis, and any statement of special educational ... Profession ... Section 11: Special requirements ... If you or another person have ... ...
  • Application for an order for parental responsibility prior to adoption abroad (Section 84 Adoption and Children Act 2002)
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to adoption, including those to request adoption, placement and parental orders.
    ... ... profession ... Enter your relationship to the child you are intending to take abroad ... separation, or medical evidence of physical incapability or a lack of capacity within the ... ...
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