“FTP Hearing or Voluntary Erasure,” asks GMC Solicitor

Ms Hannah Eldridge, Solicitor, Fitness to Practise Directorate, GMC, recently wrote:

“Doctors who no longer wish to practice medicine in the UK can apply to have their names removed from the medical register. This is known as ‘voluntary erasure from the register’. I wanted to let you know about voluntary erasure as this may be of interest to you.”

Why does Ms Eldridge think voluntary erasure ‘may be of interest to me’?

I had written to Ms Christine Haynes, Adjudication Coordinator, MPTS a month ago, stating my ‘inability to engage’ in FTP proceedings due to ‘health reasons’. I had made reference to IOP and GMC’s knowledge about ongoing problems with my ill-health and difficulty in accessing recommended out of area psychiatric and psychological treatment.

Further, I had expressed my concerns about worsening in my health in the background of Dr Nicholas Seivewright, Consultant Psychiatrist and GMC health assessor confirming my diagnosis as ‘ICD-10 category F 33.2 major depressive disorder, severe, recurrent’ and ‘my concerns about my situation definitely extend to ideas of a paranoid nature’.

Finally, for theses reasons, I stated that the ‘GMC/Fitness to practise panel’s over-riding objective to conduct my case in a fair and just manner would not be met’.

Questions to ask self and GMC:

What should my choice be? FTP or voluntary erasure?

Should GMC/MPTS take its duty to safeguard depressed doctor’s interests seriously and not prejudice his position in the proceedings?

Note: Medical Defence Shield, ancillary of BAPIO (British Association of Physicians of Indian Origin) was aware of my case as Trade and Medical Defence organisation before withdrawing its support in August 2014 with a threat of legal action for defamation against me.

 

Case referred to FTP for not attending health assessment

GMC referred my case to FTP for hearing. The two charges of misconduct are ‘refusing’ to attend health assessment and disclosing patient details. To know the reasons for the same click here.

Honestly, I don’t know the reasons for GMC referring my case to FTP and what to expect at FTP without legal representation. However, I think it is important to seek clarification on factually incorrect details mentioned by GMC health assessor, Dr Nicholas Seivewright after the first health assessment in July 2014.

Hence, I have written to Assistant Registrar and the copy of the email is as noted below.

From: Srinivasa Krishna Thalagavara <thalagwara@gmail.com>
Date: 13 October 2015 at 12:04
Subject: Dr Nicholas Seivewright (GMC No 2501235)
To: practise@gmc-uk.org
Cc: “Abi Sedwell (0161 923 6303)” <ASedwell@gmc-uk.org>
13 October 2015

Assistant Registrar
Fitness to Practise Directorate
General Medical Council

Dear Sir or Madam

Ref: Dr Nicholas Seivewright (GMC No 2501235)

I write expressing concerns about the above named doctors impaired fitness to practise with documentary evidence.

Regrettably, Dr Seivewright has taken advantage of his role as GMC health assessor and prepared a report to GMC with factually incorrect details. He notes my ‘psychiatric problems as more recent’ and further suggested ‘clinical consideration to be given to check link between my physical health problems and my current mental state’.

I have copied this email to Ms Abi Sedwell, Investigation Officer, GMC, who has copies of all the medical reports that you can refer to check the accuracy of the facts. It is paramount that GMC conducts a fair, prompt and thorough investigation in to Dr Seivewright’s conduct without which I will not be able to trust GMC fitness to practise procedures.

Needless to mention, I am charged with new count of misconduct for refusing to attend another health assessment by GMC. Further, my case is referred to FTP for adjudication. Without investigation in to the concerns expressed above, I will not be able to agree for another health assessment by GMC, which might result in severe sanctions by the FTP.

Dr Seivewright’s unprofessionalism has resulted in untoward consequences to my health and career; has brought profession in to disrepute and compromised public trust in the profession.

In anticipation of your acknowledgement of my concerns with explanation of intended action.

Yours sincerely

Krishna

Dr S R Krishna Thalagavara
GMC 6061023

Am I right in refusing to attend the IOP review?

28 September 2015

Dr Howard Freeman (Medical) – Chair

Mrs Brenda McAll-Kersting (Lay)

Mr Andrew Clemes (Lay)

Sent only be email to: IOPTeam@mpts-uk.org

Respected Panel Members

Ref: JC/H1-1014705821

Mr John Graves, Assistant Registrar, Fitness to Practice Directorate, GMC through his letter dated 08 September 2015 has given me an opportunity to ‘submit observations on the case in writing.’

Mr Graves has kindly forwarded soft copies of huge bundle of documents, which I understand are made available to you before the hearing. After reading the first page of GMC’s observations, I saw my anxiety sky rocketing along with experiencing panic attacks in the background of already compromised psychological and physical health. Hence, I did not dare to complete reading the whole bundle.

The cause for anxiety and panic attack is Mr Graves and other Assistant Registrars including Investigation Manager Mr Vincent Donnelly’s continued blatant lying about facts of my case despite my repeated objections with written evidence. Mr John Walsh, Chair at first IOP hearing on 12 November 2014 failed to respond to my complaint letter. His honour Judge David Pearl, Chair, MPTS too failed to respond to my complaint letter. Like wise Mr Niall Dickson, Chief Executive at GMC and Professional Standards Authority too failed to acknowledge misrepresentation of facts and recommend appropriate remedy. Above all Dr Sarah Wollaston, Chair, Health Select Committee has felt appropriate to ‘bin’ my written evidence submitted for the GMC and MPTS annual accountability hearing held earlier this year.

Dejected and terrified of losing career, I turned for help from fellow professionals and patient safety advocates through blog posts on social media. General consensus on social media was that I should ‘obey’ GMC and MPTS or else risk losing my career. As expected, GMC slapped me with two new counts of misconduct charges. Hence, I pleaded guilty to the charges fearing further reprisals.

Nevertheless, I regret to inform my reluctance to attend upcoming IOP hearing to safeguard my health and wellbeing without adequate treatment and support in place as Cwm Taf Health Board (ex-employer) continues to refuse out of area treatment. Further, I do not expect conditions on my registration to be rescinded as I continue to be declared sick with anxiety and depression by GP. Based on my previous experience (refer to the transcript) at the IOP hearing, I fear sudden adverse emotional outbursts anticipating more spin and lies from GMC causing further detriment to my over all health.

Please accept my apologies for any inconvenience caused at IOP review due to my absence. Kindly forward copy of the outcome of the review.

Yours sincerely

Krishna

PS May I ask IOP team to confirm by email that this letter was brought to the attention of the panel members noted above.

Are doctors commissioned by GMC untouchable?

I would not dare to lie about patient’s duration of illness in a report. I would be worried about the negative implications to the patient and my professional standing. I guess many of you would feel the same.

Some doctors need not worry. I am talking about the doctors commissioned by GMC. Dr Nicholas Seivewright, Consultant Psychiatrist lied about duration of my depressive illness in his report to GMC dated July 2014. He noted that my ‘psychiatric problems’ were ‘more recent’ , in contrary to medical evidence available to him at the time.

Likewise, the medical members of Interim Orders Panel namely Mr John Walsh, Chair along with two doctors in the panel hearing held on 12 November 2014, Dr Christopher Stone and Miss Patricia Durning lied about content of referral letter and date of dismissal in their determination. It says that the referral letter ‘referred to my dismissal from my post.., with effect from 23 August 2013’, in contrary to the evidence available to them at the time.

Further, Dr Stone, Miss Durning and Mr Walsh misrepresented the link between my physical and mental health by stating that ‘my mental health issues were directly linked to the problems with my physical health’, in contrary to the evidence available to them at the time.

I thought MPTS and GMC would act on the discrepancies. First, I wrote to Mr John Walsh, Chair on 24 November 2014. He did not respond. Then I wrote to His Honour Judge David Pearl, Chair, Medical Practitioners Tribunal Service on 04 December 2014. He too has not responded till date.

However, GMC has made a note in the case files about my questioning credibility and integrity of IOP members. Further, my registration continues to be restricted with conditions determined by the Panel based on lies and misrepresented facts.

I am left wondering are the doctors and staff working for GMC accountable? Is this why we doctors pay yearly subscription fees to GMC?

Note: Please email me at thalagwara@gmail.com if you would like copy of  the evidence.

GMC spin on request for Rule 12 review

18 September 2015

Assistant Registrar
Fitness to Practice Directorate
General Medical Council

Dear Sir or Madam

Ref: E1-G3XS18

Thank you for the letter dated 17 September 2015 in response to my request for rule 12 review on Dr Sunil Joseph (Consultant Psychiatrist), Dr Mark Winston (Clinical Director) and Dr Richard Quirke (Deputy Medical Director) at Cwm Taf Health Board.

You refer to a letter from the health board dated 27 August 2013, which originally states:

“You displayed inappropriate behaviour towards patients during a ward round on ward 22 on 10th July 2013; which led to two patient advocates making a formal complaint about your consultation with these patients and the patients asking not to be treated by you again.”

Your letter from yesterday quotes the above allegation with a spin as noted below:

“You displayed inappropriate behaviour towards patients during making a
formal complaint about your consultation.”

I deeply regret any inconvenience caused to GMC and MPTS in its attempts to protect bullying doctors and result in ongoing harassment and victimisation of whistleblower, suffering with depression and from British minority ethnic group.

I do not expect further correspondence with GMC on this matter to safeguard my health and career interests. Nonetheless, I would be doing a disservice to the profession and public, if I failed to highlight the ‘spin’ put by GMC.

Yours sincerely

Krishna

Rule 12 review: Another sham from GMC?

You may be aware of patient XY’s complaint about my conduct made in July 2013 from earlier posts. The complaint drafted by patient’s advocate and addressed to my clinical supervisor at the time. The complaint came to my attention only in November through GMC. The details were not disclosed until July 2014 either by (ex)employer or GMC.

How did (ex)employer deal with the patient complaint?

You would expect the supervisor to discuss complaint with you immediately, if it is about your conduct, so that remedial measures are put in place as necessary. More so, if the complaint is about a doctor, who is known to be suffering with anxiety and depression along with having support from Occupational Health and Psychiatrist.

Regrettably the complaint was not discussed with me. Instead I was referred to GMC after two months of the complaint being made. Clinical director’s actions were questionable as my psychological health worsened. Later, clinical director justified his action (of victimisation) saying that he was following ‘good medical practice,’ which required referral to GMC as I was suspended.

The delay in referral to GMC is questionable as I was suspended in August 2013 on medical grounds following recommendation by OH physician.

How did GMC respond to patient complaint?

Unsurprisingly, (ex)employer blamed my psychological ill health as the root cause for the patient’s complaint. GMC though was not persuaded and wanted to conduct its own independent investigation. GMC took nearly 2 years to complete preliminary investigation in to the original allegations made in July 2013.

Notwithstanding, from my previous posts, you may be aware of GMC slapping me with two new counts of misconduct charges recently.

How did GMC respond to my initial complaint?

On 18 September 2014 GMC Ftp wrote:

“We have carefully considered the concerns you have raised about Dr Sunil Joseph. We do not find that the allegations raise fitness to practise concerns about Dr Sunil Joseph and we will not be opening an investigation.

It should be noted that the dates within your complaint and the complaint letter from the patient’s advocate do not match however it is clear to us that the incident which resulted in a complaint about you occurred on 10 July 2013. We have concluded this by cross referencing the information you provided, with the document which was provided when you were referred to us by Cwm Taf Health Board.

The referral letter which was sent to us explained that you had been suspended from 23 August 2013. There were a number of reasons for this referral. It is clear that the Cwm Taf Health Board did have concerns about your fitness to practise which led them to suspending you. It is not clear what role Dr Sunil Joseph had, as Clinical Director, in bringing these concerns to the attention of his superiors but they did become aware of them and took action.

There is no evidence to suggest that Dr Sunil Joseph has not acted correctly or that his fitness to practise is called into question. If you feel he has not acted in accordance with hospital policy then in the first instance it would be appropriate for you to raise a grievance with Cwm Taf Health Board. Should the findings of any grievance process find that Dr Sunil Joseph has acted inappropriately then you are welcome to refer the information back to us and we will consider if fitness to practise concerns are raised.”

Is there anyone accountable in GMC?

I always though it was the Chief Executive, who is accountable in GMC. Hence I wrote to Niall Dickson on 20 September 2014 seeking help:

“I continue to write to you as I am very concerned about the way GMC treats a whistle blower doctor.

You must be aware of my allegations about ex-employer Cwm Taf University Health Board subjecting me on ongoing harassment, victimisation and disability discrimination either directly or most recently by colluding with other Organisations after I whistle blew about patient safety concerns.

I am devastated to realise GMC investigation Team blind faith in the information sent by Cwm Taf University Health Board back in October 2013, which resulted in GMC calling for an investigation in to my practice. GMC’s blind faith towards CTUHB is maintained for whatever reason, despite me sending all relevant evidence to confirm, Dr Richard Quirke, (Deputy Medical Director); Dr Mark Winston (Clinical Director) and Ms Angela Lloyd’s (self proclaimed Head of HR) attempts at misleading GMC by plain lying.

As a result, I am not surprised to note verdict from GMC Investigation Team declaring that my complaints against Dr Sunil Joseph do not draw questions about fitness to practice. Further, the email dated 18 September 2014 goes on to mention untrue facts as note below:

‘The referral letter which was sent to us explained that you had been suspended from 23 August 2013. There were a number of reasons for this referral. It is clear that the Cwm Taf Health Board did have concerns about your fitness to practise which led them to suspending you. It is not clear what role Dr Joseph had, as Clinical Director, in bringing these concerns to the attention of his superiors but they did become aware of them and took action.’

It is news to me to note GMC Investigation team calling Dr Joseph as Clinical Director. Further, it states, CTUHB’s concerns about my fitness to practice led them to suspend me, which is utter false. The truth was that I approached Prof Hawley CBE, the then Occupational health Physician, who recommended suspension on medical grounds as I was forced by CTUHB to continue to provide clinical care despite various allegations being made against me.

Mr Vincent Donnelly, Investigation Manager at GMC has all the information, which confirms my above statements.

I can envisage the response, GMC officials would provide to this email. But the fact of the matter is that you as Chief Executive for whatever reason have not been able to protect and support a doctor who has whistle blown but have chosen to further harass and victimise.

Needless to mention that GMC has further contribute to my ill health and loss of career for ever.

Please accept this as my last correspondence to you as I do not have any hope left with GMC, while you continue to ignore my pleas for fair treatment.

Kindly acknowledge receipt of this email.”

How did GMC respond to my complaint to Dickson?

On 01 May 2015 (after 7 months of waiting), I received a letter from John Barnard, Rule 12 investigation manager, who wrote:

“We will consider all the information that you have provided us to date to determine if there are grounds for us to formally review the decision. I should advise you that this process takes some time but please be assured that we will write to you as soon as a decision has been reached.”

How long does it take to decide on Rule 12 review?

On 15 June 2015, John Barnard wrote:

“I am writing to let you know that we are still considering your request for us to review our decision to close your complaint about Dr”

Is it worth your time, life and career to trust regulator to safeguard your interests for expressing patient safety concerns?

Formal response to GMC on NEW misconduct charges

Sent by email only: asedwell@gmc-uk.org

Abi Sedwell
Investigation Officer
General Medical Council

Dear Abi

Ref: C1-780682146

I am responding to your letter dated 22 June 2015.

As requested please find below my comments on the two new charges of misconduct.

Charge 1: Inappropriately disclosing the unredacted medical records of Patient, XY.

Comment: I plead guilty to the above charge though at the time, I believed it was my duty to disclose patient XY details to public and statutory organisations namely Police, Ombudsman Wales and Health Inspectorate Wales.

Further, it is my belief based on the evidence made available to GMC that the Health Board has exploited patient X Y’s vulnerability by colluding with MIND advocate with sole purpose of victimising me for expressing patient safety concerns.

Charge 2: Failing to be examined by GMC health assessor.

Comment: I plead the fifth to the above charge for the following reasons:

1. GMC failed to progress the investigation in to the allegations made by Health Board in a timely and appropriate manner;
2. GMC failed to share the information it had on me about the allegations and health condition in a timely and transparent manner;
3. GMC failed to provide clarification on when and how it was made aware of my health problems;
4. GMC coerced me in to the first health assessment by threatening with referral to Fitness to Practice Panel;
5. GMC failed to obtain important and relevant information about my health condition and fitness to practice from treating doctors;
6. GMC failed to disclose Dr Nicholas Seivewright’s medical report from July 2014 in a timely and appropriate manner; and
7. MPTS failed to provide clarification on factually inaccurate details in the determination about dismissal, duration of depression and association between physical and mental health.

Finally, in view of the above and Dr Seivewright’s opinion from July 2014 that my concerns about my situation “definitely extend to ideas of a paranoid nature,” I am not able to trust GMC’s procedures without undergoing recommended out of area private psychiatric and psychological treatment.

Notwithstanding, I would feel obliged to engage with GMC’s procedures, fearing further reprisal  and possible professional sanction.

Yours sincerely

David

Disclaimer:

Please be informed that a copy of this letter is made available to fellow practitioners and patient safety lobby groups through social media to safeguard self from suffering further detriment without recommended treatment in place. Further, I declare no personal responsibility for any inconvenience or detriment caused to any individuals or organisations by this action.

Cc to:

His Honour Judge David Pearl, Chair, MPTS
Dr Terence Stephenson, Chair, GMC
Mr Niall Dickson, Chief Executive, GMC
Investigation and Good Practice Officer, Professional Standards Authority

David concedes defeat to Goliath GMC and MPTS

David’s Confession to Terence-Dickson-Pearl

Described as ‘conscientious and diligent’ ‘reliable and responsible’ ‘capable of high degree of self reflection’ ‘capable of delivering high standard of care’ ‘thoughtful, patient and resilient clinician’ ‘appreciative of the needs of relatives and carers’ and finally ‘credit to the specialty and the profession’, in the NHS appraisal and work references. Since 2012, I realised true value of these attributes in the NHS. They help you get a job but not to ‘stay in the job’. No wonder, Terence and GMC wants new breed of doctors, who have “emotional resilience similar to soldiers in Afghanistan.”

Do I qualify to work for future NHS? May be.

Survived GMC investigation; two Interim Order Panel reviews in the last 18 months, while suffering with anxiety and depression. Most importantly survived GMC’s repeated threat of referral to FTP. Survived Health Board’s vexatious referral to GMC. Nonetheless, Health Board declared truce by attributing the allegations as ‘health related’ in February 2014. Not GMC as you insisted on both health assessment and independent investigation of vexatious allegations.

Do I qualify to work for future NHS? May be not.

Informed fellow doctors about facing resilience test by GMC through the blog post on 18 June 2015. You threw a spanner in the works by upgrading the resilience test with two new charges of misconduct. Further, you asked for my comments on the same despite GMC and MPTS having all the details for 1) Refusing health assessment and 2) Disclosing patient XY details to regulatory and statutory organisations. Nonetheless, I provide comments again.

Why did I withdraw consent for second health assessment?

I put my interest (as sick doctor) ahead of employers by:

1. Objecting to GMC’s Health Assessor, Dr Nicholas Seivewright’s opinion about duration of my psychological ill-health; and
2. Insisting on GMC to seek medical reports from Psychiatrists and Psychologists along with reports from GP before consenting for health assessment.

Why did I disclose patient XY details to Police, Ombudsman and HIW?

I put patients interest ahead of mine and employers by:

1. Informing Clinical Director, Mental Health Directorate by letter on 12 July 2013 about fear of reprisal from inpatient staff for expressing concerns about patient safety;
2. Informing Occupational Health Physician by letter on 21 July 2013 about Clinical Director and HR’s lack of support and possible intention to collude with vulnerable patient XY;
3. Insisting on GMC to give details of allegations as Health Board had refused. GMC reluctantly disclosed copy of a complaint letter from patient XY advocate dated 17 July 2014, after a delay of 12 months;
4. Following GMC’s good medical practice guidelines and informing Health Board’s Chief Executive and Chair about possible exploitation of vulnerable patient to victimise me. Surprisingly, I was threatened with legal action for defamation by Chair:
5. Hence, escalated concerns as noted in point 4 above with patient XY details to relevant regulatory and statutory organisations.

Am I the one for future NHS?

Yes, I want you to know that I can take your orders just like a soldier in Afghanistan to save my life and career. I have lost 3 precious years of life for putting my and patients interest ahead of employers. I have realised my mistake with personal experience and that of other celebrity whistleblowers like Raj Mattu and Kevin Beatt.

Betrayal of Patients

I have to  kill my conscience to be part of your regime and take orders as a soldier. It is not easy because your guidelines ask me not to betray patients and public. Nonetheless, I sincerely hope patients, their families and carers; my family, my friends and my gurus forgive me for making this choice to save my life and career.

 

“Health Assessment or FTP Hearing?” asks Goliath

Niall Dickson, chief executive of the GMC, has stated:

“the regulator had a duty of care to the doctors that it investigated and that it was aware that investigations were a very stressful experience for them.”

Dickson was talking to BMJ Careers on 15 June 2015 ahead of BMA’s annual representative meeting in Liverpool on 21-25 June, where delegates will debate a motion saying that the GMC was “creating a climate where doctors practise in fear for their registration.”

Dr David has been suffering with anxiety and depression, since 2012. He was referred to GMC in October 2013 with allegations of misconduct and performance issues. GMC at the time, wanted to investigate the allegations and his practice as a whole. After 20 months, GMC is yet to inform him about the progress of the investigation.

GMC last month, threatened Dr David, stating:

“We would like you to agree to the health assessment. If you do not do so, we will be left with little alternative other than to refer your case to a Fitness to Practise panel for hearing on the information we have so far gathered.”

What options would measly Dr David have against GMC, the Goliath’s threats?