The way a doctor responds to a fitness to practice concern can influence the outcome of their investigation.  The right response can lead to less severe sanctions or, in some cases, no sanctions being imposed.  We look specifically at insight and remediation and how both of these can lead to better outcomes for doctors.

GMC decision makers and the MPTS will assess whether a doctor poses a risk to patients or the wider public.  In assessing the risk, GMC decision makers and the MPTS will consider: 

  • the seriousness of the concern
  • any relevant context, and
  • how the doctor has responded to the concern

Where a doctor is found to post a risk to patients or the wider public, both the GMC and MTPS will impose sanctions – deemed proportionate to the risk – including erasure in the most serious cases. 

The way a doctor therefore responds to a fitness to practice concern can influence the outcome of their investigation.  The right response can lead to less severe sanctions or, in some cases, no sanctions being imposed. 

We look specifically at insight and remediation and how both of these can lead to better outcomes for doctors. 

Response to a concern

To address concerns about performance, behaviour or impact of a health condition, a doctor must first recognise there is a concern (reflection) and try to understand how it arose (insight). They must then take steps to address the concern and learn from it with the aim of mitigating against the likelihood of repetition (remediation).  

This is important because the likelihood of repetition will be relevant to deciding if a doctor poses any current and ongoing risk. 

Insight

For a doctor to take effective steps to reduce the level of any risk they pose, they must have insight. This means recognising there is a concern, understanding how it arose, and understanding how it can be addressed. 

Remediation

Remediation is where a doctor actively addresses concerns about their behaviour, performance, or the impact of a health condition. Remediation can take several forms and, where successful, will make it less likely that regulatory action is needed to address any unmitigated risk. For remediation to be successful, it needs to focus on activities that reduce the level of any risk posed to one or more parts of public protection.

How to evidence “effective steps” & “actively addressing concerns”

Remediation can take several forms, depending on the nature and complexity of each case.  Remediation can often take a long time to fully achieve and evidenceThis is where the value and significance of legal advice is important for doctors.  Specialist legal advice will assist a doctor with setting and agreeing the right defence strategy, including what approach and evidence is necessary in terms of insight and remediation. 

Insight Works Training

Developed by leading legal representatives for medical professionals facing health and social care tribunals, Insight Works Training have designed unique and practical courses with focus on impairment, reflections and remediation. 

Courses are delivered by both leading healthcare experts with years of experience in mentoring and coaching who also sit on regulatory tribunal panels and, leading legal experts in the field of defence at health and social care regulatory tribunals. 

Insight Works Training will help give you a clear and easy to follow understanding of the regulatory process, explanation of the central role of impairment, how to approach insight and remediation, how to evidence this at your hearing and a directed approach to presenting your learning with evidence in writing and verbally.

Continued below ↓

Insight Works Training

Restoration Courses

Courses suitable for any health and social care practitioner who is considering making an application for restoration back onto the register.

Insight Works Training

Insight & Remediation

Courses that are suitable for any healthcare practitioner who is facing an investigation or hearing at work or before their regulatory body.

Insight Works Training

Probity, Ethics & Professionalism

Courses designed for those facing an investigation at work or before their regulator, involving in part or in whole honesty, integrity and professionalism.

When things go wrong, we are here when you need us

Kings View Chambers has over 30 years’ combined experience representing heath and care professionals at all levels.  We are a leading fitness to practise defence chambers that have a proud record of consistently achieving excellent outcomes for our clients.

We are proud to be rated excellent by our clients. As public access barristers, you can instruct us directly without having the additional expense of hiring a solicitor.

It is a well-established fact that healthcare professionals who seek legal advice and representation at an early stage in any fitness to practise process, generally, receive better outcomes and lesser sanctions, if any.  We can advise on the right strategy to take and represent you before a fitness to practise hearing.

Speak to me today for a free, no obligation assessment of your case.

Disclaimer: This article is for guidance purposes only. Kings View Chambers accepts no responsibility or liability whatsoever for any action taken, or not taken, in relation to this article. You should seek the appropriate legal advice having regard to your own particular circumstances.