The doctor worked in the ear, nose and throat department. He was accused of having inappropriately examined a female patient’s groin and breasts. The council appealed a finding that one allegation was unproved.
Held: Under the Act, an appeal against a finding of fact was only permitted where it could be shown that an unduly lenient sentence had been the consequence. However the discretion to review findings of fact would be exercised with great caution. This was such a case. The findings were incorrect, and the sentence unduly lenient.
Judges:
Richards J
Citations:
Times 31-Jan-2005
Statutes:
National Health Service Reform and Health Care Professions Act 2002 29
Jurisdiction:
England and Wales
Citing:
Applied – Dr Giuseppe Ruscill, Council for the Regulation of Health Care Professionals v The General Medical Council and Another, The Council for the Regulation of Health Care Profesionals, The Nursing and Midwifery Council, Truscott CA 20-Oct-2004
The Council sought to refer to the High Court decisions to acquit the doctors of professional misconduct. The doctors argued that the power only existed for lenient sentences.
Held: The power to refer for undue leniency included the situation . .
Lists of cited by and citing cases may be incomplete.
Health Professions
Updated: 07 April 2022; Ref: scu.222917