Members sometimes come up against problems that are out of the ordinary. Our guiding ethos is that we are here to help, so members should not assume we will not help, just because they have encountered a problem that is unusual.
We can exercise our discretion to assist with criminal allegations, but this does not usually extend to allegations of fraud or theft
MPS considers borderline requests for assistance on the merits, balancing the individual member’s needs against their responsibility to use members’ funds wisely and in the interests of the membership as a whole. The following are examples of problems where detailed consideration of the exercising of discretion to assist may be warranted.
Criminal proceedings arising from non-clinical practice
We can provide advice and assistance to members with legal problems arising directly from their clinical practice. We can exercise our discretion to assist with criminal allegations, but this does not usually extend to allegations of fraud or theft, on the basis that these offences arise from the business aspects of practice.
However, we recognise that there may be rare occasions where the boundaries are not clear-cut and it may be appropriate to help.
Each case is assessed on its merits on an individual basis. We do not pay or reimburse fines or prosecution costs following a conviction.
It is unlikely that we would assist with claims brought for compensation following a conviction for fraud, theft and similar offences, or damages for personal injury following criminal acts outside recognised clinical practice.
Members who have been acquitted of a criminal charge may apply to MPS for assistance with any ensuing civil claims, and each case will receive individual consideration.
Allegations of fraud
It is unlikely that we would provide assistance in connection with allegations of fraud arising from business dealings. Occasionally, allegations of fraud may have arisen from professional life, for example, errors on a CV, or in research. Such cases are considered on their individual merits.
Defamation
We would normally take responsibility for paying the legal costs incurred, even if the action is unsuccessful or withdrawn
If a member is the named defendant in a defamation claim, we may assist if the matter arises from their professional practice. Such assistance may extend to an indemnity or legal costs and disbursements, but is unlikely to extend to the payment of compensation awards.
Members who are involved in a radio or television programme should ask the producer for an indemnity before agreeing to participate. Where a member is an official spokesperson for a medical association or royal college, we would expect that organisation to handle the matter and to provide an indemnity for legal costs and damages.
MPS may exercise its discretion to assist a member in bringing a defamation action if the alleged defamation stems from their professional practice and their professional reputation is likely to suffer serious harm. In this situation we would review each case as it develops, retaining the right to withdraw assistance at any stage, depending upon developments in the case and legal advice received.
Having decided to provide an indemnity in respect of the member’s legal costs, we would normally take responsibility for paying the legal costs incurred, even if the action is unsuccessful or withdrawn. We are unlikely to support one doctor suing another doctor.
Other employment and disciplinary issues
MPS is unlikely to assist where a member faces a disciplinary investigation or hearing arising from:
- Employment or contractual issues
- Personal conduct, whether or not during the provision of clinical care
- Working relationships with colleagues
- The business of practice.
Where the allegations involve both personal and professional conduct issues, it may be appropriate for both MPS and the relevant trade union or medical association to be involved. MPS is unlikely to provide assistance with claims of race, gender and disability discrimination. Cases relating primarily to discrimination are the province of medical associations/trade unions. We recommend membership of such an organisation for help with contractual disputes and allegations of bullying, harassment or discrimination.
Personal versus professional conduct
We are less likely to assist where a connection with the practice of medicine cannot be established or is at best tenuous
Some cases raise fundamental questions of whether the conduct about which a member faces a complaint or legal action, arose directly out of the practice of medicine or out of personal conduct which was not directly related to the practice of medicine.
The conduct may be of a wholly personal nature that is clearly unrelated to professional practice, or only loosely related to the practise of medicine (for example, by virtue of having been committed at the work/practice premises, or because they happened to involve an employee or working colleague).
Each case is considered very carefully on its individual merits, but in general, requests for assistance may be viewed less favourably when any connection with the practice of medicine is either not established at all, or at best is tenuous or indirect.
Where allegations relate to acts or events wholly unrelated to medicine, assistance is very unlikely to be provided, because this is not a purpose for which the subscription was collected.
Charges relating to driving whilst under the influence of alcohol or other substances, even if the journey was in connection with the treatment of a patient, is an example of a situation where assistance would not normally be considered to fall within MPS’s proper scope of assistance. Acts of fraud or indecency which happen to take place in connection with the business or practice of medicine may merit similar consideration.
Situations might arise where a professional regulator/registration body wishes to investigate acts which have been the subject of a criminal conviction of a registered medical health professional. A criminal act cannot reasonably be considered to be the normal practice of medicine, and nor is it possible to ‘go behind’ the fact of the conviction.
Consequently it is highly unlikely that assistance would be given in any forum, subsequent to the conviction. Similarly, where a professional regulator/registration body wishes to investigate issues which arose from conduct of a wholly personal nature, assistance would not normally be provided.