Healthcare: Notable case

GMC v OS (2012)

In early 2011, Adrian Darbishire QC was asked to take over representation of OS, a top-level knee surgeon. At the time, OS had already been suspended by the GMC following wide-ranging allegations of dishonesty, inadequate clinical care and inappropriate professional practice.  At the first IOP review hearing, Adrian persuaded the IOP to remove the suspension, which allowed the doctor to resume work.

Over six weeks from late-May to early July 2012, OS appeared before a fitness to practise panel of the GMC (now the MPTS), facing both clinical and dishonesty allegations.  All allegations were contested and significant expert and factual evidence was called. On Friday 6th July, the panel delivered its final decision on the facts.  Not one of the allegations of misconduct was found proved.

Adrian was instructed by Berrymans Lace Mawer (Hannah Pilkington) for MPS.

Notable cases:

GMC v Dr Burley (2013)
GP had relationship with patient

Chiropractor Exonerated (2013)
Misconduct hearing
Adrian Darbishire QC

GMC v Dr Beacon (2013)
Surgeon has an affair with a patient
Ben FitzGerald

NMC v Dmitrowicz (2013)
Nurse facing competence allegations
Caoimhe Daly

GMC v Keilloh (2012)
Dr found guilty of dishonest conduct
Tom Kark QC | Ben FitzGerald

Admin Court Appeal Re: Mould (2012)
Sanction of Erasure

Senyange v HCPC (2012)
GSCC Decision Upheld on Appeal
Caoimhe Daly

GMC v OS (2012)
Top Orthopaedic Surgeon exonerated at GMC
Adrian Darbishire QC

GMC v Keilloh (2012)
British army doctor on duty and attending at the death in captivity of Baha Mousa
Ben FitzGerald

GMC v Dr I (2012)
Fitness to practise hearing
Philip McGhee

Articles:

Regulation of Healthcare Professionals
Whistle-blowing, disclosure and patient confidentiality - the conflict between confidentiality and a duty to disclose. 29.9.2009
Download (PDF) >

Healthcare regulation caselaw update 2008
Sean Larkin provides a comprehensive update on healthcare regulation cases. With case index. 2.10.2008
Download (PDF) >

Fitness to Practise proceedings
Drafting allegations for Fitness to Practise proceedings in the General Medical Council. 1.3.2008
Download (PDF) >

For more information on regulatory matters, please contact the clerks on 020 7933 8855 or barristers@qebhw.co.uk