The Lauffer case

Hospital Doctor presents largely a one sided view of the Gideon Lauffer case. Nevertheless, it is well written and can be read here. As a brief introduction, this is what Hospital Doctor recently said

"A consultant surgeon dismissed by his trust has won a high court battle to set aside the dismissal and force his employer to hold a full investigation and hearing into its allegations against him.

Barking, Havering and Redbridge University NHS Trust dismissed Mr Gideon Lauffer, on 25 June 2009, after claiming to have lost trust and confidence in him.

Mr Lauffer, with the Medical Protection Society’s representation, took the trust to the high court and on 10 August was granted an interim injunction.

The court decided that the surgeon’s dismissal breached contractual disciplinary procedures and ordered the trust to continue treating him as an employee.

The judge, Mr Justice Holroyde, said that by not following the proper procedures set out in Maintaining High Professional Standards in the Modern NHS (MHPS) the trust had arguably unfairly denied Mr Lauffer the opportunity to respond to criticisms and the chance to clear his name"

The Daily Mail has a different spin on the situation. This is what they say

A surgeon alleged to have botched operations on patients over a 10-year period - resulting in at least four deaths - is under investigation by the General Medical Council.

Last night a lawyer representing relatives of one of the dead expressed fears that many more patients may have died or been harmed after surgery by consultant Gideon Lauffer.

The GMC suspended him last month after the deaths of two patients last year and is understood to be preparing to review operations stretching back many years.

Read more here.

So essentially things aren't looking great for Gideon. Nevertheless, the Medical Protection Society is hell bent on supporting him. It is a shame they failed to show that level of kindness to those who did not end the lives of patients.

Anyhow, the landmark judgment can be downloaded from here. We are one of the only publications to host this judgment. Please feel free to circulate and download. In the interim, we hope innocent doctors make use of this judgment.



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The First Victory Doctors4Justice

Doctors4Justice has won their first victory for a locum Consultant Psychiatrist who has not been paid for years. A well known locum agency refused to pay the doctor because time sheets were not approved by the hospital manager who re-wrote time sheets to reflect less than half of hours actually worked. Unknown to locum, the hospital closed and the agency claimed they could not recover their own money. Doctors4Justice members helped by finding the relevant law Statutory Instrument 2003 no 3319 section 12 prohibition of withholding the payment by the agency (on the grounds that time sheets were not verified by the hirer). It was noted that although the agency claimed that the hospital was a limited company and it was dissolved this could not be found on Companies House register. As a creditor the agency should have been asked by the limited company (if there was one) for the permission to dissolve.

Research also showed that there were other complaints by the locums about this agency and the agency was asked to provide a media statement which they did not do, but the case was settled within 10 days of Claim Online being issued with court fees paid too.

Read here about the law governing the conduct of Employment Agencies: