QUEEN'S BENCH DIVISION
1 Oxford Row
B e f o r e :
|- and –
|GENERAL MEDICAL COUNCIL
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Mr David Pievsky (instructed by the General Medical Council) appeared on behalf of the Defendant.
Crown Copyright ©
Mr Justice Parker:
"...Each of us rotated through roles in the team, including opportunities to be leader, accountable for financial, health and travel decisions. Collectively, we were responsible for construction of a new classroom for a village school and reaching the summit of Pakistan's largest mountain…".
"…we saw a Somali patient, reporting reduced fetal movements, with a pathological CTG prior to the onset of labour. It appeared that emergency Caesarean section would be the optimal mode of delivery. She was unable to understand English, and when we returned to obtain informed consent her husband was adamant that his wife should not undergo the procedure as it would be her second Caesarean section. I urgently requested an interpreter to ensure the lady was fully aware of her options. I explained to her husband that his concerns were noted, but the ultimate decision would be the patient's. Using the interpreter, my registrar and I were able to explain the potential risks of normal labour with an already pathological CTG in simple terms. Once aware of the urgency of the situation, the patient agreed to undergo emergency Caesarean section."
"We have received your application for the above training position. In section T of the application form is a statement as follows:
'I understand that employment offered in this training programme is subject to satisfactory medical clearance and subject to the information provided on the application form or any other document being correct. The information you provide will be checked. Inaccuracies may result in your application being rejected and in extreme cases may merit a referral to the General Medical Council. Any false or misleading information provided on this form or any other document may result in any employment being terminated.'
You have indicated in that section that you have noted this statement and that the information you have given is accurate and complete.
I am now writing to request clarification and further information regarding some of the answers in your application. I will be grateful if you could respond to each of the questions below, and provide any evidence requested."
"Can you explain how you came to ask your solicitors to write that letter?"
"Because when I look back at my actions just after that IOP hearing I feel burden of my conscience. This incident happened because I feel it is pure misunderstanding of extracurricular activities. The new form came at the time and there were questions and a lot of information and for me a problem for these things, how to answer and the language to use. Back home actually the problem is that we got job, the only criteria is the clinical experience and the qualification. The questions are usually based on clinical competency. I thought these extra curricular activities are only to fill in the application to look impressive rather than any real meaning of significance."
"You say you knew at the time you were dishonest, or is it only more recently you have realised it was dishonest, or is it something in between?
Answer: When I fill in the application and I did not give any importance to the extracurricular activities. When I signed I thought they are asking about my clinical experience, my qualification, my courses, I thought they were just asking, that is why I put that 'Yes' at the time.
Question: When did you realise that what you had done was wrong.
Answer: Just after the IOP hearing. I thought they have suspended me for 18 months so I have done something very, very wrong."
"How is it the Panel can be reassured that what you have done in the past is not something that you will repeat?
Answer: It is purely because of my lack of understanding; I was under a lot of pressure in 2005/2007, as I said before. I stuck to my application, the original application I did not make any false application in two years' time. Although my PLAB was going not to expire, I was domestically and financial struggling at the time but I stuck to my original CV."