GMC lifts Dr Sarah Myhill’s suspension

On 6th January the GMC (General Medical Council) lifted Dr Myhill’s suspension and restored her license to practise medicine. Dr Myhill’s first reaction was to thank her many friends who had stood by her. The GMC was forced to accept that no patient had been harmed or put at risk of harm and that the reasons they had previously given for Dr Myhill’s suspension had no proper evidence base.

Since her April Hearing, Dr Myhill has conducted her own defence without any legal assistance. She pointed out to the GMC at her October, December and January hearings that the GMC had not presented any formal allegations or indeed any case against her – this the GMC is obliged to do by law. She did not even know if she faced criminal or civil charges. In the course of her defence Dr Myhill pointed out to the GMC that it had broken the law with respect to the 1983 Medical Act, the GMC’s own 2004 Fitness to Practise Rules and procedures, the Data Protection Act and the Human Rights Act. In particular it had abused her right to a Fair Trial, her right to Freedom of Expression and her right not to be punished without due process.

Dr Myhill was particularly concerned because the GMC had taken patients’ NHS private and confidential medical records without patient knowledge or permission and in breach of the GMC’s own procedures. Furthermore, it used confidential information contained within those notes that it had no right to use.

The GMC initially refused to consider evidence presented by Dr Myhill, it refused her right to call witnesses, refused to accept facts as facts and refused to accept that the accusing doctors had told lies against her. The GMC obtained and used documentation improperly, which is in breach of the Data Protection Act, it failed to give her adequate time to prepare her defence, failed to try her within a reasonable time, failed to take basic witness statements from complaining doctors, and accepted the most trivial of complaints to try and bolster their case.

Dr Myhill had planned to take the GMC to the High Court in December but this hearing had to be postponed because of the snow. It remains Dr Myhill’s intention to pursue her High Court action against the GMC on the grounds that it has blatantly infringed and broken the law and its own rules. As a direct result Dr Myhill, together with thousands of her patients, has suffered as a result of GMC maladministration. The GMC has imposed minor administrative sanctions of Dr Myhill’s practice but she expects to get these GMC face-saving gestures lifted at the High Court so she has a completely clean license to practise.

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