Doctor’s Regulatory Quango once again threatens the Junior Doctors over strikes

Doctor’s Regulatory Quango ” The General Medical Council”  once again blackmails the Junior Doctors with veiled threat , as outlined in the letter to the Junior Doctor’s from the GMC  below , this organisation acts with impunity to intimidate doctors and goes  far beyond its mandate. It has become a vacuum for power and  money with doctors footing the bill for its extravagant salaries. The safety of those treated by the NHS as an organisation was the duty of the Secretary of state for health not the employees who have withdrawn their labour using their rights under the law. It seems the GMC are failing to take the government to task as they see the poor plebs that pay their whopping salaries as an easier target.

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Why the strikes are about safety …. from Keep our NHS public

Keep Our NHS Public recognises the courage of the BMA and the junior doctors in postponing their strike action[1] because it was unsafe not to. But the government plays a dangerous game with us all.

The decision to call off next week’s strike was taken for exactly the same reasons as those behind the strike in the first place: safety of patients.  Despite the fact that an increasing number of expert opinions were supporting the strike…………………… The juniors are only the beginning. It will end with the ending of the NHS as a public service for all.

Which is why the junior doctors and all NHS staff fighting for the NHS have our full support.

All Jeremy Hunt has to do is return to negotiating. But he refuses to do so. His party is committed to dismantling the NHS, as last week’s disclosure about the true nature of the ‘STP’ plans showed clearly. ……..

Keith Venables, Keep Our NHS Public’s Co-Chair, said:

“We know that this imposition is about undermining the terms and conditions of all health service staff, and part of the drive towards privatization. The junior doctors have decided to suspend their strike action in September on the grounds of patient safety and I understand and respect that. It is their decision to make – not ours. Keep Our NHS Public activists across the country will continue to campaign for the NHS and prepare to support the juniors in the very near future.”

 

Responsibilities

Secretary of State for Health

The Secretary of State for Health has overall charge of all areas of health policy with a particular focus on financial control and oversight of all  NHS delivery and performance.

Jeremy also leads on all aspects of mental health and championing patient safety.( That last bit must be a joke).

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(http://www.pulsetoday.co.uk/your-practice/regulation/gps-to-face-8-rise-in-gmc-fees-from-april/20008717.fullarticle)

 

A statement from Professor Terence Stephenson, Chair of the General Medical Council:

 

We recognise the frustration and alienation of doctors in training and indeed their legal right to take industrial action. However, we are extremely concerned about the impact which this prolonged campaign of industrial action in England will have on patients’ care and on the public’s trust in doctors.

 

The further action announced by the BMA will inevitably add to the cumulative impact of past industrial action on patients’ care. Further, the BMA’s announcement marks a substantial escalation of the previous industrial action in that it involves: the removal of emergency care (as well as routine appointments); a rolling programme of action of indefinite duration; the removal of junior doctors’ services for five days of each month (rather than one-off days of action); and much shorter notice to NHS employers of the first bout of action which leaves little time to prepare.

 

The health service is under huge pressure. During previous industrial action all doctors went to considerable lengths to make sure that patients continued to receive a good and safe level of care. We know that doctors will again want to do their utmost to reduce the risk of harm and suffering to patients. However, for the reasons given above, it is hard to see how this can be avoided this time around. To suggest otherwise would be a disservice to the enormous contribution made by doctors in training to the care and treatment of NHS patients every day. We therefore do not believe that the scale of action planned at such short notice can be justified and we are now calling on every doctor in training to pause and consider the implications for patients.

 

The GMC has no role in contract negotiations between the doctors’ trade union and NHS Employers but we do know that many doctors in training feel alienated, undervalued and deeply frustrated about many aspects of their professional lives. We are committed to playing our part in addressing these wider issues. Over the past few months, progress has been made on several non-contractual issues, including Health Education England’s recent announcement that it will strengthen its whistleblowing protection for doctors in training. The GMC agreed in April this year to take forward a review that will explore how we can make postgraduate training more flexible and we have already started discussing the scope of that review with representatives of doctors in training.

 

As the regulator responsible for doctors’ postgraduate education, we are committed to protecting the quality of their training. We will do so with the aid of our new education standards which we published earlier this year and, if we feel issues with training are not being addressed at a local level, we will act through our enhanced monitoring process as we have done on behalf of trainee doctors successfully in the past.

 

For every doctor affected, these are difficult and worrying times and feelings are understandably running high. The advice we have issued today is based on the GMC’s guidance, Good medical practice. It is important that we make clear doctors’ continuing professional obligations and set out the various challenges facing doctors with leadership responsibilities, employers, doctors in training and senior doctors as well as those in non-training roles.

 

We understand that the government and the BMA have held talks about the small number of remaining issues and we hope that talks can resume in order to avoid plunging the health service into a further crisis which is in no-one’s interests.

 

 

Advice from the General Medical Council

 

Today, Niall Dickson, Chief Executive and Registrar, has set out the latest GMC advice for doctors. It covers those contemplating industrial action as well as doctors in leadership roles, senior doctors and those not in training.

 

Niall Dickson said:

 

The duties of a doctor are set out in Good medical practice, which says that doctors must make the care of their patient their first concern.

 

At this difficult time, everyone in the profession must remember their responsibilities – to each other and to their patients – respecting each other’s views and decisions in person, in print and online.

 

Parliament has not fettered the right of doctors to take industrial action, unlike some other professions and occupations. Doctors therefore have a right to strike and take industrial action. The question each doctor must ask, however, before taking action is whether what they are proposing to do is likely to cause significant harm to patients under his or her care or who otherwise would have come under his or her care. This is a matter of professional duty and we expect each doctor to comply with it.

 

This advice is issued under the authority of the 1983 Medical Act which governs the behaviour of all doctors practising in the UK. The Act and the accompanying guidance require doctors to exercise their professional responsibilities in the interests of their patients, to put their patients first and protect them from harm. The GMC has powers under the Act to investigate and apply sanctions to any doctor whose behaviour has fallen consistently or seriously below the standards required. Where we are presented with evidence that a doctor’s actions may have directly led to a patient or patients coming to significant harm, we would be obliged to investigate and if necessary take appropriate action.

 

Advice for doctors contemplating industrial action

 

We ask every doctor contemplating further and escalated industrial action to pause and consider the possible implications for patients. Not only in terms of the immediate action but also in terms of the cumulative impact on patients, the additional risk posed by the withdrawal of emergency cover and the effect of removing all doctors in training every day for five days every month.

 

This will mean the cancellation of tens of thousands of operations and procedures, outpatient appointments and tests. The GMC cannot second guess the situation facing each doctor in training in England – that must be a matter for individual judgement. But given the scale and repeated nature of what is proposed, we believe that, despite everyone’s best efforts, patients will suffer. In light of this, the right option may be not to take action that results in the withdrawal of services for patients.

 

Any doctor who does decide to take action must take reasonable steps to satisfy themselves about the arrangements being made during the period when they are withdrawing their labour. This means making sure that senior doctors and managers have enough time to make alternative arrangements – action without warning or with inadequate warning is not acceptable. They should engage constructively and at an early stage with those planning for the care of patients during industrial action to make sure that patients are protected. They have a responsibility for continuity and co-ordination of care, and for the safe transfer of patients between different teams.

 

If, during the industrial action, it becomes clear that patients are at risk in a local area because of inadequate medical cover, and doctors in training are asked in good faith to return to work by employers, we expect they would fulfil this request. In the event of an emergency, we know doctors in training will always come forward. Where contingency plans are overwhelmed, it is vital that doctors taking action can be contacted and are available to help.

 

Advice for doctors in leadership roles

 

Doctors in leadership positions should do everything possible to organise services during the industrial action to make sure that patients are protected, as they have done during the action to date. They should assist employers, who will have been preparing for this action and putting in place other options for emergency care.

 

Although hospitals will inevitably face increased pressure during any period of industrial action, doctors in leadership positions should only call doctors in training back to work where there are genuine and significant concerns about the ability of the hospital to provide safe care to patients.

 

Doctors who have a management role or responsibility must support their organisations in acting immediately on any patient safety concerns.

 

Doctors in leadership roles should encourage an open, respectful culture and take action about any concerns about bullying raised with them, including online harassment.

 

Advice for senior doctors and those not in training

 

Senior doctors and those not involved in the dispute should continue to provide medical care during the industrial action and, as far as is possible, make sure that patients are protected, where necessary providing cover in place of those taking action. They should assist employers and clinical managers who will have been preparing for this action and putting in place other options for emergency care.

 

Advice for employers

 

The GMC does not regulate employers but we would expect them to engage with their medical workforce to develop robust plans that protect emergency services and minimise the impact on patients. Where there are concerns about the capacity of the organisation to cope, these concerns should be raised at the earliest opportunity with doctors, including those taking action.

 

Employers are required to meet our standards in relation to doctors in training. In particular, they should make sure that doctors are supported in the learning environment and given appropriate clinical supervision, including during a period of industrial action.

 

During the industrial action, concerns have been expressed about the design of rotas for doctors in training. We would therefore remind employers, who will be working hard to make sure patients continue to receive safe, high quality care during the action, that our new standards for medical education and training – Promoting Excellence – require organisations to design rotas that make sure doctors in training have appropriate clinical supervision and minimise the adverse effects of fatigue and workload. Where there are concerns, we expect postgraduate deans to address these with their local NHS Trusts or GP surgeries.

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