Introduction to the Issue
Sanctions for doctors who are guilty of sexual misconduct in Great Britain are too forgiving in around a quarter of cases, according to a review. The doctor Tribunal Service (MPTS) is accused of failing victims and having intensified their trauma. The criticism is based on the results of 46 cases with criminal offenses, including harassment, rape, and attacks by patients, colleagues, and children.
The Tribunal Service’s Role
The MPTs is the body that takes evidence and rules for whether doctors are suitable in Great Britain. It is independent of the medical regulator – the General Medical Council, which is financed and responsible for the examination of complaints and the persecution of law enforcement against doctors. A new study analyzed 222 MPTS tribunal cases by six independent academics between August 2023 and August 2024. Of these cases, 46 proven sexual misconduct were considered.
Harassment and Care
One of the 46 cases comprised a British transplant surgeon, who, despite a decade of misconduct, received a suspension of eight months. He was accused of abusing his power and supervising sexual harassment, including unwanted touching during operations and racism. The General Medical Council (GMC) wanted to strike him off altogether and, together with the Professional Standards Authority, reported against a decision by MPTs. Another recent case was a doctor who knowingly received a sexual relationship with a vulnerable patient whom he had persecuted and cared for from the age of 14. It was suspended for 12 months instead of being struck off.
Inconsistencies in Sanctions
The authors of the report raised the inconsistency in the sanctions that were imposed on doctors, a chronic lack of training for Tribunal members, and poor support for victims and witnesses. Most of these cases with sexual misconduct – 65% – meant that doctors were struck off and excluded from practicing, but 35% led to a short suspension. In these cases, almost every fourth sanctions (23.9%) was more forgiving than Recommendations of the GMC, and in no case did the tribunal impose harder sanctions.
A System that Enables Misuse
All doctors involved in the cases of sexual misconduct were men, and almost all of them were consultants, GPs, or registrars. In several cases, there were multiple victims, of whom the researchers say they prove repeated and systemic abuse – some over a period of 9 years. Mei Nortley, an advisory vascular surgeon and the leading author of research, says that the MPTs have to consider whether it is properly done by its work. "When rapists, sexual predators, and those who use manipulation and coercion return to practicing as doctors," this raises serious concerns.
Calls for Reform
The Royal College of Surgeons of England (RCS England) said that the result shows that the current system of medical regulation fails. Vice President Prof. Vivien Lees, Vice President of RCS England, said: "The instructions alone are not sufficient. Tribunal panels have to be trained and consistently apply it to ensure fair, robust decisions." General Medical Council said he requires "zero tolerance and a proactive approach" for all forms of sexual misconduct. "Where we believe that the sanctions used by the independent tribunal are too forgiving – we can and do an appeal. A significant part of our calls is successful and leads to stronger sanctions."
Failure to Protect Employees and Patients
Tamzin Cuming and Prof. Carrie Newlands from the labor party about sexual misconduct in the operation (WPSMS) said: "At the moment, the system is only a little more than a blow on the wrist if only extinguishing and accounting can ensure security." Without reform, powerful perpetrators are continued with impunity. A MPT spokesman said it was important that doctors had a fair hearing. "We will soon publish a new guide to tribunals that cover all aspects of our hearings. Existing guidelines and the recent case law as well as proven procedures from other jurisdiction will move in to support tribunals at the meeting of consistent and well-designed decisions," he said.
