Selva Ramasamy KC was instructed to defend a doctor alleged to have engaged in an inappropriate relationship with a vulnerable patient. The case was complicated because several persons connected with the proceedings were vulnerable in a variety of ways, and because adverse mental health had played a part in the events. At a preliminary hearing, Selva argued that the entirety of the proceedings would have to be held in private. The Tribunal agreed with that submission.
A central issue was whether the relationship had begun when the doctor remained in a treating role (this was denied). Evidence was assembled to demonstrate how the chronology had played out, to support the doctor’s account.
Three applications were made for the proceedings to be withdrawn under Rule 28 of the GMC’s Fitness to Practise Rules 2004 (as amended), on the basis that there was no realistic prospect of a finding of impaired fitness to practise. The Case Examiners refused the first two applications, but after a third renewed application, they finally agreed to withdraw the proceedings, shortly before the case was due to be heard by the MPTS.
Selva was instructed by Eloise Aspinall at the Medical Defence Union.
Selva Ramasamy KC