On 16 December 2022 the GMC announced changes to how it makes initial contact with a doctor if the GMC needs to investigate a concern (https://www.gmc-uk.org/news/news-archive/gmc-to-roll-out-personalised-contact-when-starting-investigations). The changes aim to reduce anxiety for doctors, to take a more compassionate approach and reduce the impact of investigations on doctors. May is Mental Health Awareness month, so we take this opportunity to look at how doctors can protect their mental health – and their professional position – when they first learn about a GMC investigation.
It is important to acknowledge that most doctors, understandably, find it stressful and alarming if they learn of a GMC investigation relating to them. Some doctors experience a greater impact on their mental health and find a complaint extremely distressing. Very sadly, some doctors have died by suicide while under investigation by the GMC, or during a period of monitoring. The GMC has now committed to reporting on these awful cases every three years, as part of its work to monitor the effectiveness of these reforms. Clearly, reforms to reduce the impact of GMC investigations on the mental health of doctors are to be welcomed. A pilot scheme in 2022 received positive feedback.
Nevertheless, it is important for all doctors to understand the changes – if they don’t, they could inadvertently cause themselves difficulties. The process for the GMC to inform doctors of investigations is now:
It is helpful that doctors will receive an initial email, as it gives an opportunity to seek preliminary guidance and reassurance from a medico-legal service – such as the excellent Incision medico-legal helpline.
However, there could also be risks for the doctor in having direct telephone contact with the GMC so early in the process. Some doctors could be tempted to try to explain their side of the story right away – perhaps because of the stress of the situation or in a misguided attempt to bring the investigation to an early close. The GMC contact will explain matters in a compassionate way, but some doctors might therefore forget that the telephone discussions are not confidential, and that it is not the GMC’s role to protect the doctor’s professional position. In a worst-case scenario, the doctor might say something unguarded to the GMC contact that is relevant to the investigation and is used against them later on.
As a result, our guidance to Incision members is:
It may also help to know that the vast majority of GMC investigations end without any action being taken. The GMC’s published statistics show that in 2021 there were 9,074 enquiries in total. Out of these 7,401 were closed with no action at all. Only 490 enquiries progressed to the Provisional Enquiry stage, and of these 400 were closed. This leaves only 1,273 matters which progressed to the investigation stage. Therefore, of the 9,074 enquiries, nearly 86% closed at a very early stage without any substantive input being needed from the doctor. We know that hearing that a GMC investigation is starting will always be upsetting, and that waiting for news about it can be worrying. However, doctors should keep in mind that most GMC investigations close soon after with no action against the doctor. Incision members should also keep in mind that if they are ever unlucky enough to be contacted by the GMC, they have the benefit of excellent, expert, holistic medico-legal support to help them through the process.
Incision
May 2023
A specialist surgical hospital in New York has completed the first knee replacement with a smart implant capable of measuring and transmitting data on patient steps, walking speed, range of motion etc. enabling remote monitoring.
Surgeons Peter Sculco and Fred Cushner performed this procedure using Zimmer Biomet’s Persona IQ Implant which received authorisation from U.S FDA in August.
Although the technology doesn't preclude office visits altogether, it enables doctors to actively monitor a patient's recovery with real-world, objective data to supplement their care.
Persona IQ collects kinematic data from patients as they’re going about everyday life. The smart sensor implant is capable of measuring steps taken, walking speed, range of motion and other indicators of knee function following surgery.
That vital information is then securely relayed to a cloud-based platform for the surgeons to review.
The smart knee contains a sensor that is integrated into the joint replacement prosthesis. Once implanted, it records and wirelessly transmits gait data and other information to a personal base station, about the size of a modem, that plugs into an outlet at the patient’s home. The data is then securely sent to a cloud-based platform where the orthopedic surgeon can review it and check on the patient’s progress and recovery.
Extending far beyond our comprehensive coverage, Incision provides all members with a wealth of risk management material, educational resources and 24/7 in-house medico-legal support.
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