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MMR doctor wins High Court appeal - GMC's massive abuse of process

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natasa778

Senior Member
Messages
1,774
MMR doctor wins High Court appeal


An eminent doctor has won his High Court battle against being struck off over the MMR jab controversy.

Professor John Walker-Smith appealed against the General Medical Council's (GMC) determination that he was guilty of serious professional misconduct.

His fight for his reputation was supported by the parents of many children with autism and bowel disease seen by him at the Royal Free Hospital, north London, up to his retirement in 2001.

Mr Justice Mitting, sitting at London's High Court, ruled the GMC decision "cannot stand".

He quashed the finding of professional misconduct and the striking-off.

Calling for changes in the way GMC fitness to practise panel hearings are conducted in the future, the judge said of the flawed handling of Prof Walker-Smith's case: "It would be a misfortune if this were to happen again."

Prof Walker-Smith left court with members of his family, saying: "I am extremely pleased with the outcome of my appeal.

"There has been a great burden on me and my family since the allegations were first made in 2004 and throughout the hearing that ran from 2007 to 2010. I am relieved that this matter is now over."

Thanking his friends and supporters, including his own family and many parents and former patients, he added: "I will never forget all the support I have received and I am truly grateful for it. I hope now to enjoy my retirement with my family."

In a written ruling, the judge made it clear the judgment was the end of the case, and the GMC did not intend to appeal.


http://www.google.com/hostednews/uk...bYQjS17G-bCGFZ9WQ?docId=N0955371331115415403A
 
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Glynis Steele

Senior Member
Messages
404
Location
Newcastle upon Tyne UK
MMR Autism GI wins appeal

A doctor found guilty of serious professional misconduct over the MMR controversy has won a High Court appeal against being struck off.

Prof John Walker-Smith carried out research with Dr Andrew Wakefield claiming there was a link between autism and the combined jab for measles, mumps and rubella.

The study caused a fall in vaccination rates but was later discredited.

The judge quashed a GMC finding of professional misconduct.

Mr Justice Mitting called for changes in the way General Medical Council fitness to practise panel hearings are conducted in the future saying: "It would be a misfortune if this were to happen again."

Prof Walker-Smith, who is now retired, said: "I am extremely pleased with the outcome of my appeal. There has been a great burden on me and my family since the allegations were first made in 2004 and throughout the hearing that ran from 2007 to 2010. I am relieved that this matter is now over."



http://www.bbc.co.uk/news/health-17283751
 
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natasa778

Senior Member
Messages
1,774
More details inTelegraph article:


... The judge said the GMC fitness to practise panel's conclusion that Prof Walker-Smith was guilty of serious professional misconduct was flawed in two respects.

There had been "inadequate and superficial reasoning and, in a number of instances, a wrong conclusion".

The decision to strike off had been defended at a recent hearing as "just and fair not wrong" by Joanna Glynn QC, appearing for the GMC.

She said: "In spite of inadequate reasons it is quite clear on overwhelming evidence that the charges are made out."

But the judge disagreed and said the misconduct finding and the sanction of erasure striking off "are both quashed".

Dr Wakefield was the paper's chief author and Prof Walker-Smith the then head of the department of paediatric gastroenterology at the Royal Free Hospital in north London, where the research was carried out.

Prof Walker-Smith's clinical role focused on treatment related to sick children, while his academic work included collaborating in research with Dr Wakefield.

Professor Walker-Smith was 73 when he was struck off and had by then been retired for a decade. ...
Click to expand...


http://www.telegraph.co.uk/health/c...tor-wins-battle-against-being-struck-off.html
 
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Calathea

Senior Member
Messages
1,261
So what they're saying is that his research was still poorly conducted, but that crap research isn't a good enough reason for striking a doctor off? Makes sense to me. They're not the same job, after all. Being bad at research should affect your job prospects as a researcher; being bad as a doctor is what should get you struck off.
 
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natasa778

Senior Member
Messages
1,774
That research was a very good - perfect small case study. Nothing wrong with it.

(and it didn't even conclude that MMR was triggering autism ;-) nothing of the kind... )
 
Enid

Enid

Senior Member
Messages
3,309
Location
UK
Thanks Glynis - that is good to see. Seems GMC need to take a good/fresh look at their "procedures".
 
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