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Further to my previous article on How Lawyers Can Help Medical Professionals facing MHPS Investigations, I have prepared the article to set out some recent guidance on the documents a Doctor is entitled to as part of a Maintaining High Professional Standards (MHPS) investigation in order to participate in any such investigation.
Burn v Alder Hey Children’s NHS Hospital 
The Court of Appeal has provided guidance in the above decision. This case involved an MHPS investigation against a Consultant Paediatric Neurosurgeon employed at Alder Hey Children’s NHS Foundation Trust (the “Trust”). The basis for the MHPS was the Claimant’s clinical decision-making regarding a patient’s care. As part of the MHPS process the Claimant sought documents from the Trust including correspondence between the Trust and the parents of the patient and statements taken. The trust refused to provide those documents so the Claimant issued proceedings in the High Court to challenge this. The Court of Appeal made the following findings:
This dispute resulted in a delay of the MHPS process of one year. It is therefore important to consider carefully what you are entitled to should you face such an investigation, especially given that delays in these processes can be significantly damaging to healthcare professionals who are facing interim measures that restrict their practice. You can read the full case here.
I have a number of years’ experience advising many medical professionals on participating in Trust investigations and procedures, including MHPS investigations. Whilst having a great deal of knowledge on the Policies and Procedures themselves, I also have a good grasp of all relevant legal remedies available to clients which may include injunctive relief for return to work or to uplift restrictions on practice. Unfortunately, delaying in obtaining legal advice may affect the number of options available to clients or the strength of those options. It is therefore important that legal advice is obtained at an early stage wherever possible.
Some clients may elect not to take any formal litigation, however, many find that legal assistance provides them significant support and assists in bringing the matter to a conclusion at an earlier stage.
Please contact me in confidence if you think I may be able to assist you.
This article has been produced for general information purposes and further advice should be sought from a professional advisor. If you need any advice in relation to the issues raised above, please do not hesitate to contact our Employment team.