Bhatnagar v General Medical Council

Judgment

Mr Justice Supperstone :

Introduction

This is an application brought under section 41A(10) of the Medical Act 1983 (“ the Act ”) seeking the termination of an interim suspension order imposed upon the Applicant, Dr Bhatnagar, by the Medical Practitioners’ Tribunal Service’s Interim Orders Panel (“IOP”) on 7 April 2014 by which Dr Bhatnagar’s registration as a medical practitioner was suspended.

Dr Bhatnagar is a Consultant Opthalmologist and was self employed prior to his suspension.

The issue raised by this application, as formulated by Mr Simon Butler, who appears for Dr Bhatnagar, is whether the decision of the IOP was unnecessary, disproportionate and wrong in all the circumstances.

The Facts

The material facts relating to the period leading up to the hearing before the IOP on 17 January 2013 are set out by Edwards-Stuart J in his judgment in Dr Bhatnagar v GMC [2013] EWHC 3412 (Admin) at paragraphs 6-14 which I gratefully adopt:

“6. Dr Bhatnagar qualified as a doctor in 1968. For the past 15 years or more he has been the proprietor of private hospitals. From April 1999 to October 2009 he was a director of Parkfield Hospital Ltd (previously known as Birkdale Clinic (Rotherham) Ltd). That hospital ran into serious financial difficulties and went into administration in October 2009. Dr Bhatnagar was also a director of Rotherham Private Hospital Ltd.

7. Between July 2008 and October 2009 a Fitness to Practise Panel (“FTP Panel”) considered allegations against Dr Bhatnagar arising out of the management of the Birkdale Clinic at Daventry during 2005 and 2006 to the effect that Dr Bhatnagar’s management of the clinic was deficient. Dr Bhatnagar admitted one of the complaints and many others were found proved. Dr Bhatnagar’s defence was that he was not responsible for the day to day management of the clinic, which he left to others. The FTP Panel found also that Dr Bhatnagar’s conduct in allowing endoscopy services to be provided when he knew that he had not received written confirmation that such services could be provided, was dishonest and showed a cavalier disregard for proper processes. The FTP Panel found that Dr Bhatnagar’s fitness to practice was impaired by misconduct. However it noted that there was no evidence of any actual harm to a patient. In October 2009 the FTP [Panel] imposed a period of suspension of six months, but the registration was not suspended forthwith.

8. In June and October 2009 the Care Quality Commission