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Thursday, 17 June, 1999, 15:11 GMT 16:11 UK
Ombudsman to name unrepentant GPs
GP
The ombudsman is getting tough with GPs
The Health Service Ombudsman is to publicly name for the first time GPs who refuse to apologise when found to have unjustifiably removed a patient from their practice list.

The British Medical Association has responded by issuing guidance to all 36,000 GPs in the UK which stresses that patients should only be removed from a list as a last resort.

NHS trusts, health authorities and health boards that are the subject of a published investigation by the Ombudsman following a complaint are routinely named.

But Michael Buckley said until now he had taken the view that GPs who have been investigated should not be identified because of the personal nature of their relationship with their patients.

However, Mr Buckley, launching his annual report into complaints made against the NHS, said he had now decided that GPs who refused to accept the recommendations of his team - always made after a thorough investigation into the complaint - should be named.

He is concerned that patients whose complaint that they have been unfairly struck off is shown to be justified may not even receive so much an apology from the doctor involved.

Apology refused

Michael Buckley
Michael Buckley is concerned some GPs do not accept his findings
In the past year four out of six GPs who were told to apologise to patients they had removed from their lists refused to do so.

Mr Buckley said: "We have had a number of cases where the GP concerned has said 'no I don't care, I don't agree, and I don't accept your findings so I am not going to apologise'.

"In such circumstances, the complainant, having seen his or her complaint upheld after thorough consideration by my office, is left without remedy.

"In effect, the practitioner concerned is claiming the right to be judge and jury in his or her own cause. I cannot see that is reasonable; and it seems to me no more than fair that the practitioner should be named, so that he or she can be asked to justify their action in public."

Mr Buckley said the same rules would be applied to a doctor who had removed a patient from their practice list for no other reason than that the patient had complained.

In such cases doctors were flagrantly flouting guidance put out by the General Medical Council, he said, which makes it a professional responsibility of doctors to deal with complaints constructively and honestly, and to cooperate with any relevant complaints procedure.

GPs defend rights

Dr John Chisholm
Dr John Chisholm defended GPs right to remove patients
Dr John Chisholm, chairman of the BMA's GP Committee, said the right of GPs to remove patients from their list must be defended, but such action should only be taken in exceptional circumstances where there had been an irretrievable breakdown of the doctor-patient relationship.

It should also be normal practice to tell a patient why they had been removed from the list

Dr Chisholm said: "We regret the need for the Ombudsman to have to name practitioners, as this is not the best way to encourage professionals to comply with his wishes, but we recognise that he has the power and authority to do this.

"Doctors should not remove patients from their list for no other reason than that the patient has complained."

See also:

15 Jun 98 | Latest News
GP complaints double
11 Jun 99 | Health
Patients give GPs grief
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