Rita PALUk, ENG, Reino Unido
22 sept 2015
Winning against the GMC as a junior doctor is extremely rare. Its possibly because defence unions sell out their doctors and act in the establishment's interests and the juniors don't have the resources to tackle the case in front of them. Shamsian was one of the rare souls in this world. Having suffered many years of persecution by the GMC following her whistleblowing event, she eventually came across me. I know the GMC hates it when juniors come across me possibly because I like to win on my own and by-proxy. Shamsian had suffered a lot and lost a lot in terms of career, livelihood etc. Being stuck at GMC towers on frivolous manufactured charges is a bit like the gulag in Russia. Shamsian's case was reviewed by me. As usual, every authority had let her down but there was still a margin of hope. I introduced her to Martin Forde QC and and dropped some new relevant case law in their lap. Martin did his job and thankfully the defence union agreed to take him on. What the defence union probably never knew is that I was on the side-lines peppering the case a bit. Negin went onto win. The credit goes to her because she deserved to win after all the GMC put her through. Here is the case and its worth reading the entire judgment. http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Admin/2011/2885.html&query=Shamsian&method=boolean The destruction caused by the GMC is probably irreparable. The stigma becomes entrenched. Shamsian should have been in all the reviews on whistleblowing. They should have interviewed her and ascertained the problems faced by a junior doctor. Francis QC et al did not do this of course. I suspect winners don't get in the hallowed halls of the elite and famous. I hope Shamsian is well and settled wherever she is in the world. I remember her battle to be tough. She made it against all odds and without much support behind her. Sadly, she isn't as famous as Dr David Drew, who lost his Employment Tribunal and appeal. Its one of those aspects of the United Kingdom, the more you lose, the more you are revered. Then I suspect the newspapers often prefer caucasian consultants because it ticks all their boxes of acceptance. Shamsian should be a shining example of the strength that some whistleblwers have within them. The strength to carry on against all odds and on her own. Shamsian will always be an admirable doctor and the NHS and the GMC should have treated her a lot better than they did. She is though a shining example of a braveheart, someone who didn't tell anyone about how much she suffered, someone who simply got on with the job and beat our regulatory body in a landmark victory. She will go down in the GMC's jurisprudence as a winner always. We all get write-ups in legal textbooks but few know the stories, heartache and hard work that goes on behind the scenes to achieve that victory.
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