GMC Decision - Dr Myhill

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GMC DECISION **

" Dr Myhill: The Panel has considered all the information presented. It has

taken account of the submissions made on behalf of the GMC and those made on

your behalf. On behalf of the GMC, Mr Summers referred to two complaints. The

first complaint was made by a group of general ... See more practitioners

regarding your suggested management of a patient with a neurological disease.

The second complaint related to the content of your website. Mr Summers

submitted that an order for interim conditions was necessary in all the

circumstances.

Mr Macdonald, on your behalf, submitted that no order was necessary and that

the concerns raised were unfounded, particularly in light of the large number

of testimonials, supportive of your practice. It has noted your evidence to the

Panel that you deny the allegations, and has taken into account your concerns

raised regarding the accuracy of the GMC's case.

The circumstances surrounding this case relate to concerns regarding your

clinical and professional practice, and concerns regarding your website, your

promotion of treatments and consequently your potential failure to recognise

and work within the limits of your competence. At all times, a doctor is

responsible for ensuring their own good medical practice, and it is their

responsibility to practise safely and in accordance with the requisite

guidance.

The Panel has determined that in accordance with Section 41A of the Medical Act

1983, as amended, it is necessary for the protection of members of the public

and in the public interest to make an order imposing the following interim

conditions on your registration for a period of 18 months, with effect from

today.

1. You must not prescribe any prescription only medication, as detailed in the

British National Formulary;

2. Within 14 days of today's hearing you must ensure that in relation to your

website, or any website relating to your medical practice or business, all

pages, downloadable content, including documents, forum or discussion board

content, or other references or online media relating to the following subjects

must be removed:

a. The medical management of cases relating to cardiology, or cardiovascular

disease including; chest pain due to ischaemic heart disease; acute coronary

syndrome; heart failure; or pulmonary embolus;

b. The treatment of asthma;

c. The treatment, testing, identification, diagnosis or management of breast

cancer;

d. The use of hormonal contraceptive medication;

e. The pharmacological management of primary or secondary prevention of

vascular disease;

f. Any immunisation or vaccination;

3. You must obtain the approval of the GMC before accepting any post for which

registration with the GMC is required;

4. You must inform the GMC if you apply for medical employment outside the UK;

5. You must inform the following parties that your registration is subject to

the conditions, listed at 1 to 4 above:

a. Any organisation or person employing or contracting with you to undertake

medical work; and

b. Any prospective employer or contracting body (at the time of application).

In reaching its decision the Panel first considered whether it was necessary

for the protection of members of the public, in the public interest, or in your

own interests to impose any interim order. It is not the Panel's purpose to

test the veracity of any information put before it. It has reminded itself of

the test it must apply and of its nature, function and powers, as well as its

duty to consider each case on its individual merits. The Panel's function is

not one of fact finding and the Panel must impose the order it determines

necessary notwithstanding any potential for loss or hardship.

In considering the protection of members of the public and the public interest,

the Panel is concerned by the allegations made and is satisfied that, if

substantiated, your actions could indicate a potentially serious limitation on

your insight into your fitness to practise and the consequences of your

actions, particularly for vulnerable people who may be accessing your website.

As a consequence if the allegations are proven your behaviour could have an

adverse effect on the confidence and trust that the members of the public are

entitled to place in the profession and its practitioners.

The Panel was concerned that some of the information contained within your

website may indicate that you are practising outwith your area of expertise and

therefore are potentially putting patients at risk by providing misleading or

inaccurate information. The Panel was also troubled that on the basis of your

statement and evidence today, you may lack insight into the issues raised by

the GMC. In considering the GMC's document Good Medical Practice the Panel has

borne in mind that it is a fundamental Duty of a Doctor to recognise and work

within the limits of your competence. Furthermore, the Panel notes that, as a

doctor, if you publish information about your medical services you must make

sure the information is factual and verifiable.

Accordingly, the Panel is satisfied that there is sufficient information before

it to indicate that there may be impairment of your fitness to practise and

that such impairment may pose a real risk to members of the public, and may

adversely affect the public interest. You are a registered medical practitioner

and are expected to behave in a manner that justifies the public trust in the

profession and its practitioners at all times.

Having determined that an interim order is necessary, the Panel then went on to

consider if an interim order for conditions would be workable, practicable,

sufficient and appropriate. In all the circumstances, the Panel is satisfied

that a restriction, by way of interim conditions, is appropriate and

sufficient, to guard against the risk that your actions potentially have for

patients, the public, and the public interest. The public interest includes not

only upholding and declaring the appropriate standards of professional

behaviour, but also maintaining trust in the profession. Trust is crucial to

the doctor/patient relationship.

The Panel is required to consider for what duration an interim order is

necessary. The Panel notes that there are a number of issues to investigate and

that the GMC's final consideration of your case may take some time. Therefore,

it is necessary to impose the above conditions on your registration for a

period of 18 months. In doing so the Panel notes that the order will be

reviewed within six months, or earlier should circumstances surrounding your

case change.

The Panel has taken account of the issue of proportionality in that it must act

in a way which is fair and reasonable. Whilst it notes that its order restricts

your ability to practise medicine, the Panel has determined that, given the

nature of this case, imposing conditions on your registration, at this time, is

a necessary and proportionate response to the risks posed by you practicing

medicine unrestricted.

Notification of this decision will be served upon you in accordance with the

Medical Act 1983, as amended. "

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