High Court, in intended proceedings in relation to a medical doctor’s professional performance, refuses to allow the proceedings to be conducted in private but orders that the identities of the doctor and the patients be protected, and finds that the Medical Council has the authority, in the public interest, to advise the doctor’s patients of how they were treated.
Medical council – intended proceedings – doctor who was subject of an investigation by the Council’s Fitness to Practise Committee (FTPC) - recommended that the doctor be censured - recommended that the doctor’s registration be subject to a series of conditions – Council decided that the appropriate sanction should be conditional registration – hearings were all conducted in private – asked the Court to hear proceedings in camera – sought directions to appraise the doctor’s patients – court concludes that the application should be heard in open court - ensure the anonymity of the doctor and of the relevant patients - doctor was suffering from an opioid addiction - in order to feed his addiction, he was prescribing unnecessary opioids to patients, administering doses to them of part only of the dispensed opioids and administering the remainder to himself - two separate applications the FTPC – patient complaint – self-referral - FTPC Inquiry - Council hearing - legal position – powers to hear matters in camera - doctor’s identity should be protected but I do not believe that a full in camera hearing is necessary in order to do so – unfair to publish patient’s identity but full in camera hearing not necessary - public interest in having an open hearing – Council is authorised in the public interest to advise the doctor’s patients - Council is empowered to advise the public at large of the relevant material then it must follow that it is entitled to do so to a limited constituency of the public.