Privy Council Appeal No. 25 of 2001
Dr. Anthony Peter Hall Appellant v.
The General Medical Council Respondent
FROM
THE HEALTH COMMITTEE OF THE
GENERAL MEDICAL COUNCIL
JUDGMENT OF THE LORDS OF THE JUDICIAL
COMMITTEE OF THE PRIVY COUNCIL,
Delivered the 7th November 2001
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Present at the hearing:-
Lord Hope of Craighead
Sir Anthony Evans
Sir Philip Otton
[Delivered by Sir Anthony Evans]
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"The Committee are concerned about your mental condition, your total lack of insight into the nature of your condition and the effect this may have on your fitness to practise as a registered medical practitioner. They have judged your fitness to practise to be seriously impaired by reason of a condition classified in the ICD-10 Classification of Disorders as F31 - bipolar affective disorder.
...
The Committee have therefore directed that your registration be suspended for a period of 12 months.
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The Committee recommend that you seek regular treatment from a consultant psychiatrist and that you should also place yourself under the medical supervision of a consultant psychiatrist, who will be asked to report to the Committee on your progress."
"The Committee … have considered all the information presented to them and remain concerned about your condition. In particular they have noted the views of the medical examiners that your insight is limited and that you are not willing to accept medical supervision.
They have again judged that your fitness to practise remains seriously impaired by reason of a condition classified in the ICD-10 Classification of Disorders as F31 - bipolar affective disorder.
In reaching this decision the Committee have had regard to Rule 24(2) of their procedure rules. That rule indicates that the Committee are entitled to regard as current serious impairment either the practitioner's current physical or mental condition, or a continuing and episodic condition, or a condition which, although currently in remission, may be expected to cause recurrence of serious impairment. In view of all the evidence, they do not consider that it would be appropriate to allow you to return to medical practice. They have directed that your registration should be suspended for a further period of 12 months."
"24(1) … [The Committee] shall consider and determine whether they judge the fitness to practise of the practitioner to be seriously impaired by reason of his physical or mental condition.
(2) In reaching their judgment the Committee shall be entitled to regard as current serious impairment either the practitioner's current physical or mental condition, or a continuing and episodic condition, or a condition which, although currently in remission, may be expected to cause recurrence of serious impairment."
"37. (1) Where the fitness to practise of a fully registered person is judged by the Health Committee to be seriously impaired by reason of his physical or mental condition the Committee may, if they think fit, direct –
(a) that his registration in the register shall be suspended (that is to say, shall not have effect) during such period not exceeding twelve months as may be specified in the direction; or
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(3) Where the Health Committee have given a direction for suspension under subsection (1) … above, the Committee may –
(a) direct that the current period of suspension shall be extended for such period from the time when it would otherwise expire as may be specified in the direction;
…
(3A) The Health Committee may give a direction extending a period of suspension indefinitely where –
(a) the period of suspension will, on the date on which the direction takes effect, have lasted for at least two years; …"
The determination which is appealed from, therefore, was made by the Committee in the exercise of its powers under section 37(3)(a) of the Act, and was for the maximum permitted period of twelve months.
History
Simultaneously, the appellant went to see his general practitioner, Dr C A Barber-Lomax FRCGP, after finding that the Blood Donor Centre was reluctant to take his blood, due to a low haemogoblin count which the appellant ascribes to his careful meat-free diet. He asked Dr Baker-Lomax to sign a form saying that he was fit to give blood then and in the future. However, the doctor refused to do this and instead, according to the appellant, "kept on asking me about my health and I said I was fine"."I would like to inform you of my grave concerns regarding the clinical competency and mental stability of Dr. Anthony Peter Hall during his employment with us as a Locum Consultant Physician from February to April this year."
The first hearing - 18 February 2000
Dr. Geoffrey Lloyd
"I believe Dr. Hall suffers from a bipolar affective disorder, currently having a hypomaniac episode. I consider his illness to fulfil the ICD-10 criteria of F31.0. ... Dr. Hall has little or no insight into the fact that he is psychiatrically unwell. I believe he is not well enough to practise as a doctor at present, although he might be in the future if he undergoes appropriate treatment under psychiatric supervision."
Dr. Gaius Davies
"I considered he showed many features of a chronic hypomaniac disorder, as part of an affective disorder … Dr. Hall was physically fit but that he was suffering from a Bipolar Affective Disorder (or Manic Depressive Disorder) in a hypomaniac phase, as described in ICD … F 30.0 … I do not think he is fit to practise at all at present … As to future management, I believe he needs to recognise his need for help and for treatment … I think most competent psychiatrists would consider Lithium …"
Dr. Thompson
" My opinion, having extensively talked to him, is that he is an intelligent man with considerable expertise, but now lacks balance and understanding … I would be unhappy if he were allowed to continue to practise … in my opinion his grasp of general medicine is now faulty … I am sorry that Dr. Hall has ended up in this position but, unless there is a considerable improvement, I cannot recommend he return to any form of medical practice."
The February 2001 hearing
"1. Whether you agree to be medically examined.
2. Whether you wish to nominate another medical practitioner to examine and report on you in addition to those chosen by the Screener for Health …;
3. Whether you agree that the GMC may request a report from your treating Psychiatrist, if any, …;
4. Whether you wish to offer any observations or other evidence on your fitness to practise to be forwarded to the medical examiners. You will, of course, have a further opportunity to offer observations and evidence for presentation to the Health Committee."( GMC letter dated 15 November 2000)
"I apologise for the delay in replying to your letters … I offer a partial excuse in that I have been busy:
1. sending Christmas cards and gifts.
2. delivering newspapers and magazines along hilly, winding, country lanes to 49 homes in rural Harpenden from 7 a.m. on Sundays and from 6 a.m. the other six days … Please see the enclosed testimonial dated 15th August 2000, including 'Tony has been cheerful, efficient and reliable'.
3. working at Sainsbury's Supermarket in Harpenden 20 hours + overtime weekly between 6th November 2000 and the 5th of January 2001 … I have given in my notice because:
4. I have been asked by my long-time friend … to work as his assistant in Topkins Pharmacy starting 8th January and
5. driving disabled and/or elderly people to hospitals, clinics and shops for Harpenden Helping Hand. Please see the enclosed testimonial, including: 'He is a cheerful, sensible and careful driver'.
I have pleasure in answering your questions:
1. I agree to be medically examined by two London-based psychiatrists whom I have not met before. I suggest that they have appointments at teaching hospitals which may indicate their quality …
2. I do not propose any other consultations.
3. I agree to your asking for a report from Dr. Geraldine O'Sullivan, a slim, fit Consultant Psychiatrist who phoned me on the 17th of May 2000 and sounded pleased to hear about my happy, active and normal life.
4. My fitness to practise was confirmed by my late father and other patients detailed in the green sheets read by the GMC in February 2000. After that, I found the charming card from … a young man with acute onset diabetes ... whom I admitted in February 1999. … The card reads:
"Thank you for your help … With your knowledge, charisma and charm, You are an asset to the medical profession …" (copy enclosed).
[The patient] sent me this card two months before my imprisonment with the false diagnosis of madness in St. Albans in April 1999 by 20 stone Dr. David Sumners, ...
Naturally, I request that the General Medical Council now reinstate my right to practise medicine ..."
Dr. Freeman
"At present Dr. Hall is living the lifestyle of a younger retired person. I think he, with the support of his wife, underestimates the possibility of a recurrence of affective illness were he in a more stressful situation than his present one. In my view his ability to practise remains seriously impaired by reason of bipolar affective disorder, currently in remission (ICD F31.7). I do not think he is fit to practise without medical supervision, which he made it clear to me he is not willing to accept."
Dr. Farmer
"From the information available to me the diagnosis is bi-polar affective disorder, currently in remission ... In my opinion his fitness to practise is seriously impaired by reason of manic depression. I think it is of concern that he appears to have so little insight into having suffered from mania in 1999 as there appears to be strong evidence for this. He has also been reticent to have contact with mental health services. On the other hand, when I saw him, there was no evidence of current mental disturbance."
Dr. O'Sullivan
"I believe that Dr. Hall's current mood is euthymic with no clear symptoms of hypomania or depression. However, given the history and my previous examination of Dr. Hall in July 1999 I believe he suffers from Bipolar Affective Disorder, which is currently in remission (ICD(10) Code 31.7). There is no evidence of any cognitive impairment, nor is there sufficient evidence to support a diagnosis of personality disorder. Dr. Hall's insight is limited, and he refuses to accept the diagnosis of Bipolar Affective Disorder and, therefore, refuses to be seen regularly by myself as an outpatient, or to take any psychotropic medicine ... I should like to treat Dr. Hall with lithium but if this is unacceptable to him, an alternative mood stabiliser could be considered. In view of the diagnosis of Bipolar Affective Disorder, there is a possibility of relapse especially in the absence of a mood stabiliser."
He enclosed a reference from a Consultant Physician at the Hospital for Tropical Diseases regarding the work he did there from 1975 to 1994, and also a certificate showing that he transferred his registration from Dr Baker- Lomax to another general practitioner on 24 May 1999, shortly after his release from detention in hospital."All three psychiatrists claimed that I am mad (bipolar affective disorder/manic depression), despite personal letters from my dear wife and evidence that I have been perfectly well since 1996 and working well recently for Sainsbury's, Alldays and the Harpenden Helping Hand, as I detailed succinctly to you on the 31st of December."
However, the letter continued:-"Depression. Several of the psychiatrists who have examined me have stated that, whilst not depressed now, I could relapse at a later date. Surely, if I was going to be depressed, it would have been last February when you suspended my licence, deprived me of my right to earn a living as a doctor and humiliated me in front of my peers. But, far from being depressed, I got on with my life … All of this is normal, positive living."
"There are doctors who have murdered patients; doctors who have botched operations and killed patients with incorrect dosing; doctors who are addicted to drugs and alcohol and doctors who are convicted of rape and other sexual abuses. By comparison, the complaints about me are trivial and I hope you will reconsider your decision and reinstate my licence."
This appeal
"Four of your psychiatrists (Gaius Davies, Geoffrey Lloyd, Geraldine O'Sullivan and David Sumners) have tried to poison me by prescribing (Sumners) or recording their advice that I take Lithium (Davies, Lloyd and O'Sullivan). As you know, Lithium (often useful in manic depression) can cause death and numerous symptoms including cognitive and memory impairment which could hamper my work as a physician, as well as convulsions, thyroid and kidney damage."
"He clearly continues to hold beliefs on various issues very strongly and is unable to see that others perceive him as being abnormal in view of his strident behaviour and forceful views. However, during the interview there was no evidence that he was significantly manic at present, and there was no evidence of any risk to others. I got the impression that his wife manages to keep his behaviour in check, despite her insistence on his normality."
"I reviewed Dr. Hall on Monday 8 October. He attended on his own, and the absence of the calming influence of his wife was apparent from early on in the interview ... He refuses to acknowledge the possibility that he may have a mood disorder and is not willing to consider taking a mood stabiliser under any circumstances at present ... It is clear that the only reason he comes to any appointment is to prove his own point, i.e. that he is not mentally ill and that he is a very clever man who knows better than everybody else. We both agreed that there is little point in routine appointments ..."
Conclusion