Maintaining High Professional Standards (MHPS) Law
Doctors Defence Service advises doctors going through the Maintaining High Professional Standards (MHPS) in the Modern NHS disciplinary and investigatory processes, and challenges to the process.
The MHPS framework is somewhat cumbersome but it does set out procedures that should be followed in certain circumstances where a doctor is underperforming. In essence, the framework deals with aspects of misconduct, incapability and poor performance among doctors and dentists There is a fair amount of case law on the issue of its application and processes.
The right (or not) to representation within MHSP investigations and proceedings has been explored in the case of: Kulkarni v Milton Keynes Hospital NHS Foundation Trust & Anor  EWCA Civ 789 (July 2009) – which determined that there will be only a few types of cases that will require an NHS employer to permit independent legal representation. The case law however acknowledges that there will be medical defence organisations that employ lawyers and that they will generally be permitted to represent their client members in MHSP processes.
Call us in strict confidence on 0800 10 88 739 for details of our legal services in MHPS law.