Help for witnesses - Further information/glossary of terms
There may be some terms that you are not familiar with. Here is a list of some of them:
Allegation – the charge that the fitness to practise of the doctor is impaired.
Adjournment – a break in the hearing before it has completed its deliberations. The hearing will adjourn for lunch or comfort breaks and at the end of each day, if the case lasts for more than a day. An adjournment may be agreed in order that additional evidence can be obtained, or in the case of illness, or if the hearing has overrun.
Chairman – person who manages the panel. The chairman is also a member of the panel, and has responsibility for the fairness of the proceedings.
Condition – sanction imposed by a panel that restricts a doctor’s right to practise for a period of time.
Contempt – where a person shows willful disobedience to or open disrespect for a court or hearing. This is a criminal offence and can lead to prosecution.
Cross-examination – being questioned by barristers and the panel during the giving of evidence.
Defence counsel – a barrister who represents the doctor at the hearing.
Determination – decision of the panel on the case.
Evidence – what a witness says at the hearing and documentary evidence that can include photographs that are brought before a hearing.
Erasure – sanction imposed by the Panel to remove the name of the doctor from the Medical Register. This means the doctor cannot continue to practise medicine.
Expert witness – a witness able to give opinions on any matter falling within their area of expertise on matters considered by the panel.
Finding of fact – The panel, once it has heard all the evidence, will decide whether the evidence has been proved. This is known as a ‘finding of fact’ determination.
Finding of impairment – when the panel has made findings of fact, they will then consider whether the doctor’s fitness to practise is impaired.
Fitness to practise – the ability of the doctor to carry out their medical duties.
Hearing – a meeting of the fitness to practise panel appointed to hear a case.
Legal assessor – an experienced solicitor or barrister who advises the panel.
Panel – a group of panellists, comprising of at least one medical and one non-medical person, and a chairman.
No action – the panel has reached a conclusion and decided not to take any action against the doctor.
Mitigation – the doctor’s reasons for his or her actions.
Medical Register – the list of medical practitioners (doctors) eligible to work in the UK.
Restriction – a measure that prevents the doctor from carrying out certain functions or activities, for example, the doctor could be prevented from working privately.
Sanction – a decision by the panel that either restricts or removes a doctor’s right to practise.
Suspension – a sanction imposed by a panel which removes the doctor’s right to practise for specified period of time.
Undertaking- a commitment given by the doctor to the panel to restrict their practice.
Warning – a warning may be issued to a doctor if the panel decides there has been a significant departure from the principles set out in the GMC's guidance for doctors - Good Medical Practice - but a restriction on the doctor's registration is not necessary.