Following is Dr. Sarah Myhill’s news release of Jan 7, 2011, regarding the reversal and her continuing plan to request High Court action against the GMC. Also, read on to share the final, laughable, charge made against her at her late December Interim Orders Panel (IOP) hearing in all seriousness by GMC prosecutor Gareth Branston.
General Medical Council Restores Doctor’s Right to Practice Medicine
(Press Release Friday, Jan 7, 2011 from Dr. Myhill’s Office)
In a dramatic turnabout yesterday the GMC lifted Dr. Myhill’s suspension and restored her license to practice medicine.
Dr Myhill was jubilant. Her first reaction was to thank her many friends who had stood by her. She said “I am so grateful to those thousands of patients and medical colleagues who knew that I was a good doctor who had done nothing wrong and kept their faith in me. Without their help and support I would have struggled to find the strength to fight.”
The GMC was forced to accept that no patient had been harmed or put at risk of harm and that the reasons they had previously given for Dr Myhill’s suspension had no proper evidence base.
Since her April 2010 Hearing, Dr. Myhill has conducted her own defense without any legal assistance. She pointed out to the GMC at her October, December and January hearings that the GMC had not presented any formal allegations or indeed any case against her - this the GMC is obliged to do by law.
She did not even know if she faced criminal or civil charges.
In the course of her defense Dr. Myhill pointed out to the GMC that it had broken the law with respect to the 1983 Medical Act, the GMC’s own 2004 Fitness to Practice Rules and procedures, the Data Protection Act and the Human Rights Act.
In particular it had abused her right to a Fair Trial, her right to Freedom of Expression and her right not to be punished without due process.
Dr. Myhill was particularly concerned because the GMC had taken patients’ NHS private and confidential medical records without patient knowledge or permission and in breach of the GMC’s own procedures. Furthermore, it used confidential information contained within those notes that it had no right to use.
The GMC initially refused to consider evidence presented by Dr. Myhill, it refused her right to call witnesses, refused to accept facts as facts and refused to accept that the accusing doctors had told lies against her.
The GMC obtained and used documentation improperly, which is in breach of the Data Protection Act, it failed to give her adequate time to prepare her defence, failed to try her within a reasonable time, failed to take basic witness statements from complaining doctors, and accepted the most trivial of complaints to try and bolster their case.
One such example of this was when the GMC upheld the most ridiculous of assertions against Dr. Myhill.
At her December IOP GMC prosecutor Gareth Branston presented Dr Myhill with the following complaint:
“I think finally in the bundle, time-wise, you have an email from a JR to the GMC, which draws the GMC’s attention to an entry that is on the Internet and as I understand it, it is on the Support Dr. Myhill website concerning Dr. Myhill’s assistance with the labour and birth concerning a pregnant family friend.”
If the GMC had bothered to click on the link at the bottom of the Support Dr. Myhill website page they would have seen a picture of her pet pig Rosemary and realized this was a spoof, as the heading “A Christmas ‘Tail’” suggested. [See the story, and photos of "the new mum," Mrs. Rosemary Hogg, the babies, and "proud Dad Jack Hogg," at www.supportdrmyhill.co.uk.]
Indeed, at her hearing yesterday Dr.Myhill wanted to inform the GMC of this error. However, when she tried to, she was prevented from speaking by the Panel. This constituted a further breach of the 1983 Medical Act in which the defendant has the right to be heard.
Dr. Myhill had planned to take the GMC to the High Court in December but this hearing had to be postponed because of the snow. It remains Dr. Myhill’s intention to pursue her High Court action against the GMC on the grounds that it has blatantly infringed and broken the law and its own rules.
As a direct result Dr.Myhill, together with thousands of her patients, has suffered as a result of GMC maladministration.
The GMC has imposed minor administrative sanctions of Dr Myhill’s practice but she expects to get these GMC face-saving gestures lifted at the High Court so she has a completely clean license to practice.
Further information from the Support Dr. Myhill Facebook site www.supportdrmyhill.co.uk
Includes [scroll down through the congratulations]:
• Account of Rosemary Hogg’s delivery [Some have asked if she has a facebook account, as they are anxious to 'friend' her. We do not know.]
• Transcript of Dec IOP hearing
• Yesterday’s GMC determination
The Transcript of yesterday’s hearing has yet to be published.
Further information contact 01547 550611
* * * *
ProHealth's founder, ME/CFS patient Rich Carson, sent the following message:
Dear Dr. Myhill:
Congratulations on your recent legal victory. ME/CFS patients throughout the world have benefited from your superb medical care and leading edge advice. The world is a better place because of you, and patients owe you a heart felt thank you.
Needless to say, the medical/legal establishment in the UK owes you a huge apology. What a national embarrassment!