Two GMC case examiners (one medical and one non-medical) or in some circumstances an Assistant Registrar review any allegations or concerns made against a doctor. Often further evidence is obtained and in some circumstances an assessment of the doctor’s performance and/or health is requested before deciding what action to take.
Legal advice should be sought about whether to agree to such an assessment, as in some circumstances, it may be appropriate to offer a refusal together with detailed reasons as to why.
At the “rule 7 stage” doctors are invited to comment before the case examiners make their decision. Careful consideration and attention needs to paid at this stage of the proceedings. It is critical to understand that any admissions made at this stage may be used by the GMC before a panel
If both case examiners decide that a warning is appropriate, the doctor either accept the warning or exercise their right to an oral hearing before the Investigation Committee.
The Investigation Committee may issue the doctor a warning or determine after a review of the evidence and submissions, that this is not appropriate.
The case examiners have the power to refer allegations to a Fitness to Practise Panel for determination and can also invite practitioners to enter into undertakings. This is essentially a legal promise where the practitioner agrees to do or refrain from doing something.
