Nigel Hawkes, Health Editor
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The standard of proof needed to strike off doctors and nurses will be lowered, under a new health Bill.
The proposal that bodies such as the General Medical Council should use the civil and not the criminal standard of proof - “the balance of probabilities” rather than “beyond a reasonable doubt” - when professionals face fitness-to-practise hearings was first made by the Chief Medical Officer, Sir Liam Donaldson.
The General Medical Council has embraced the idea but the British Medical Association (BMA) is bitterly opposed to any change.
The Government indicated yesterday its plans to include the proposal in legislation. Regulatory bodies will be required to use the civil standard of proof and healthcare organisations made to appoint a “responsible officer” to work on cases of poor performance by doctors.
The BMA said that the Government’s plans must have the support of the medical profession if doctors were to protect patients. Hamish Meldrum, chairman of council, said that this would not be achieved by abandoning the criminal standard of proof. “The best protection of the public will be achieved by a system that commands the confidence of the profession and will encourage doctors to speak about problems with their own practice, or that of colleagues. We urge the Government to think again.”
Plans were also confirmed to set up a new regulator – the fourth since Labour came to power in 1997 – to inspect health facilities. The Care Quality Commission will bring together the functions of the Healthcare Commission, the Commission for Social Care Inspection and the Mental Health Act Commission. It will also be equipped with a stronger remit to “inspect, investigate and intervene” where hospitals are failing to meet hygiene standards.
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