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Dr. James Swanney v. The Full Decision of the General Medical Council Fitness to Practice Panel Hearing of 13 April 2007 [2006] CSIH 35


Appeal to the Court of Session under the General Medical Council's Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules 1988:- In April 2007, following an eight day hearing, the panel found the appellant guilty of serious professional misconduct:- "The panel has come to the view that your actions as described (attachment 1) bring the profession into disrepute and demonstrate a serious departure (from) the standard of conduct that the public is entitled to expect from a medical practitioner. The panel therefore determined that you have been guilty of serious professional misconduct." The appellant appealed and sought reduction of the decision on four grounds:- (1) that at the material time the appellant had not been registered with the respondents and that the matters complained of had occurred in Canada, and the respondents had no jurisdiction over him; (2) that the case should not have been reopened with more serious charges involved and resulted in "double jeopardy"; (3) that the evidence of a witness for the respondents at the hearing should be discarded as she had no experience of the standards or systems operated in medical practice in British Columbia nor did she have any expertise of the two drugs in question; and (4) that there had been no proof of harm consequent on the use of the drug in question. It was submitted on behalf of the appellant that nothing had been proved that demonstrated serious professional misconduct on his part. Here the court considered whether the appeal should be allowed.