GMC in the spotlight

Both the BMJ Editor-in-Chief and GMC Chair appear to be lamenting that “legal privilege” [1][2] has not been recommended to reflective notes by the Williams Review. It seems both writers are failing to see the wood for the trees. First, Prof Stephenson (‘PS’) in particular might need reminding that the medical profession would not have been in the current parlous state, had the GMC not pursued an utterly unjust appeal which must have emotionally tortured Dr Bawa Garba; I sincerely hope, upon reflection he is now in a position to agree.

Simply criticising the Williams Review will not lessen doctors’ worsening fears, mistrust, and confidence in the GMC but there is one thing they could urgently do without insulting the intelligence of their fee-paying registrants any further. Both PS and Charlie Massey “must resign” [3] forthwith as their persisting hollow defences and reassurances have now become untenable; they are no longer respected by the wider medical profession and it is still not too late for them leave albeit at this stage, it would not be a gracious departure. Further, at least as a rather late gesture of goodwill, I would urge the GMC to refrain from instructing counsel to appear before the forthcoming Court of Appeal hearing, or if already instructed, withdraw the same.

It would have been highly contentious even to recommend that special legal privileges are afforded solely to doctors ignoring other allied professionals such as nurses, midwives, physiotherapists etc. Even if such brave recommendation was made by the Williams Review, it is highly unlikely that lawmakers would readily amend the established remit of ‘legal professional privilege’ [4]. After all, the Williams Review was never meant to promote disproportionate and legally contentious privileges for doctors. As for written reflections, at least one barrister-columnist of BMJ has recommended some useful advice as explained in my response [5], and I urge the GMC and Royal Colleges to consider the same carefully. GMC’s self-inflated regulatory ego should not be allowed to overwhelm the personal rights of doctors. If status quo is maintained, en masse disobedience would be the likely outcome if that process has not already begun.

Reference
[1] BMJ 2018;361:k2594
[2] https://blogs.bmj.com/bmj/2018/06/12/terence-stephenson-on-the
[3] https://www.thelancet.com/journals/lancet/article/PIIS0140-6736(18)30838-9/fulltext
[4] https://en.wikipedia.org/wiki/Legal_professional_privilege
[5] https://www.bmj.com/content/360/bmj.k546/rr-1

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