Dr Carruthers v The General Medical Council: PC 3 Jun 2003

PC (The Professional Conduct Committee of the GMC) The doctor appealed a finding of serious professional misconduct. He sought to practice in a controversial field, the ‘andropause’. He accepted patients through his web-site, and gave advice. A patient was also being treated by another GP, who disagreed with the diagnosis. Complaint was made that he had disgnosed the patient without seeing him or taking a proper history. He now complained that the PCC had reached technical conclusions in a highly specialised field and without the expertise needed.
Held: The Committee had done no more than found that the doctor had overstepped the mark in his advice, and thereby undermined the patient’s own doctor’s fragile relationship with him. As to the conditions on his practice restricting his ability to advise by email, the conditions had been arrived at after an in camera discussion without either party having opportunity to comment. The condition requiring him to attend training had been shown to be unworkable, and the restriction on his giving advice by email did not flow from any direct criticism of his practice. Certain conditions were removed.

Judges:

Lord Hope of Craighead, Lord Rodger of Earlsferry, The Rt. Hon. Justice Tipping

Citations:

[2003] UKPC 42

Links:

Bailii, PC

Statutes:

Medical Act 1983 36(1)(b)(iii), General Medical Council Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules Order of Council 1988 (SI 1988/2255) 37(2)

Jurisdiction:

England and Wales

Health Professions

Updated: 23 November 2022; Ref: scu.183089