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?