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.