Why did a GP lose his case against the CQC?

Here is an interesting case of how Patient Safety interacts with compliance.

The CQC inspectors closed down the surgery of Dr Mujib ul Haq Khan of Granville Road Surgery in London. Dr Khan decided to take the CQC to a tribunal court, disputing several of the inspector's findings. His appeal was ‘unanimously dismissed’.

Dr Khan's viewpoint:
He is quoted as saying ‘I am disappointed by the decision of the tribunal, but I am grateful that it acknowledged my practice had run for 33 years, “without incident” and with very few complaints. I have been with the NHS for 45 years.'

He also contends that the CQC looked at hypothetical scenarios and "The decision to close my surgery did not relate to any actual treatment of my patients, for which no criticism has ever been made by either the GMC or the CQC"

 

So why does a practice with an "impeccable" record get closed down by the CQC?

The lesson to learn is that maybe nothing ever went wrong, BUT if you cannot demonstrate that you are taking prevention measures, YOU become the risk.

CQC’s arguments:

  1. Checks on staff had not being undertaken prior to their employment, and that the practice did not have systems in place for responding to risk.
  2. That, in the Tribunal’s view was indicative of Dr Khan’s careless, passive and reactive approach to the management of his practice.

Examples:-

  1. Lack of any adequate induction procedure for new locum doctors.
  2. Absence of any Disclosure and Barring Service check
  3. Hepatitis status check or references
  4. Lack of child protection or adult safeguarding policies
  5. Lack of adequate staff fire training.

GPs Point of view

  1. CQC acknowledged my practice had run for 33 years, “without incident” and with very few complaints.
  2. I have been with the NHS for 45 years.
  3. This is after all a decision by the CQC based largely on issues such as the keeping of records, fire risk assessments, extension cables and hypothetical scenarios.
  4. The decision to close my surgery did not relate to any actual treatment of my patients, for which no criticism has ever been made by either the GMC or the CQC

 

Editor's comments:

Dr Khan's performance was described as "careless, passive and reactive approach to the management of his practice".
The acid test for any independent audit is that you have to be able to demonstrate to a total stranger that you did what you said you did, when you said you did it.

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