Form of Witness Statement in GMC Cases

Witness Statements in GMC/MPTS Cases

Below is guidance to doctors on how they and they witnesses should draft their witness statements for GMC/MPTS cases.

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EXAMPLE 1 (Factual Statement):

IN THE MEDICAL PRACTITIONERS TRIBUNAL SERVICE

MEDICAL PRACTITIONERS TRIBUNAL
FITNESS TO PRACTISE HEARING

GMC v Dr Adam Bloggs

__________________________

FIRST STATEMENT OF MR XX

__________________________

I, Mr XX, will say as follows:

1. I am a colleague of Dr Adam Bloggs and was on duty on the day of the alleged incident concerning Nurse Y.

2. …(INSERT COMMENTS or EVIDENCE IN PARAGRAPHS)

3. My relevant qualifications are…

4.  Exhibit AB1 which I attach is my certificate of registration.

5. I have been shown the statement of Ms Donna Brown-Cimmins and have no comments to make on it. I accept the contents.

6. I have been shown Exhibit A1. I agree that the map shows the location of the fire exit. I enclose my own exhibit, Exhibit AB1, which is a better plan of the fire door location.

The contents of this statement are true to the best of my knowledge and belief.

signed dated

——

The  defence witness should ensure that they have explained why they challenge the evidence of other witnesses and also ensure that their full eye witness account, or matter they are being asked to comment on, is set out in sufficient detail to be understood by others, with clarity.

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EXAMPLE 2 (Doctor’s Statement Commenting on Evidence):

Where a doctor is responding to a statement, they will need to write in the following way:-

Statement of Patrick Mel O’Connor

  1. I now comment on the statement of Patrick Mel O’Connor, dated 1/12/15:-
  2. Paragraph 1: Cannot comment, as I do not know
  3. Paragraph 2: Accepted.
  4. Paragraph 3: Denied. It was raining that day, it was not sunny as alleged. The meteorological office’s weather report is attached as DB1. It confirms that it was sunny all day and had been all week.
  5. Paragraph 4: Denied. I did not strike the patient first. I struck the patient in self-defence, after they had hit me in the face twice and I anticipated a further punch to my head.

It is important that the doctor conveys their defence case as well as responding to the allegations made by witnesses. Any evidence that is favourable to the doctor or which undermines the GMC’s witness evidence should be identified. If documents have to be obtained from third-parties they should be identified early on so that requests can be made for disclosure.

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EXAMPLE 3 (RESPONSE TO ALLEGATIONS):

For doctors responding to allegations, the doctor should also copy and past the allegations and state whether the allegations are admitted or denied. So, by way of example, the bold replies are the notional doctor’s response to the below allegations.

That being registered under the Medical Act 1983 (as amended):

  1. On 9 January 2015, when Dr V asked you why only Patient A’s nose had been x-rayed you told Dr V that:

    ADMITTED

    a. you had requested a full cranial X-ray or words to that effect;

    ADMITTED

  2. You knew or ought to have known that your statement as set out at paragraph 1a was untrue because you had only requested an X-ray of Patient A’s nose.

ADMITTED

  1. Your actions as described in paragraphs 1 to 2 were:

a. misleading;

ADMITTED

b. dishonest.

DENIED

Doctor’s Reply: There had been a simple misunderstanding between us. I was busy and had misunderstood the nature of the question.

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EXAMPLE 4 (TESTIMONIALS):

IN THE MEDICAL PRACTITIONERS TRIBUNAL SERVICE

MEDICAL PRACTITIONERS TRIBUNAL
FITNESS TO PRACTISE HEARING

GMC v Dr Adam Bloggs

__________________________

CHARACTER STATEMENT OF MS HH

__________________________

Dated:

Address:

Phone Number:

Email:

For the attention of the GMC/MPTS

I have known the registrant for X years, S/he worked in the capacity of XX, while I worked as a GG. I worked with them between SS and DD dates.

I have read the GMC allegations.

THEN INSERT FULL TESTIMONIAL OR CHARACTER STATEMENT IN YOUR OWN WORDS.

IF THEY HAVE PREVIOUSLY WRITTEN A STATEMENT THEY CAN MAKE REFERENCE TO IT (Append it to the statement and they should add: I attach a copy of my original statement).

Include in the statement

I believe that the facts stated in this statement are true. (I am content  for my statement to be submitted to the GMC/MPTS)

SIGNED (insert signature)

Dated

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For more information on how to compile a witness statement, contact Doctors Defence Service on: 0800 10 88 739

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