Professional Discipline and Clinical Defence
The Professional Regulation team at BTO is ranked in band 1 by Chambers UK and The Legal 500 in terms of our clinical negligence work and is regarded as "the pre-eminent clinical negligence defence team in Scotland." (Chambers UK)
Claims against doctors, dentists and hospitals have been on the increase for a number of years. Handling such claims, particularly from the point of view of the medical, dental or nursing professionals involved, is an extremely specialised area and the leaders in their field at BTO have successful track records in this area. "The quality of the partners makes this a standout practise that should be regarded as number one in Scotland."
The team has considerable experience in representing principally the medical, dental and nursing professions in relation to damages claims, Fatal Accident Inquiries (FAIs) and in dealing with complaints against those professionals, in particular to the General Medical Council (GMC) and the General Dental Council (GDC). In addition, we represent the medical profession in disciplinary proceedings brought by their employers and in NHS tribunals, and the dental profession in investigations brought about by the NHS Counter Fraud Service team.
The team, praised for “their consistently high-quality work and client-friendly approach” (Chambers UK), is headed by Douglas Jessiman and Laura Donald, both of whom have spent many years working in this field. "They are very personable, quick to get back to you and able to handle the most complex and difficult litigation - ten out of ten." (Chambers UK)
Contact: Laura Donald, Partner firstname.lastname@example.org T: 0131 222 2939 / Douglas Jessiman, Partner email@example.com T. 0141 221 8012 / Duncan Mawby, Partner firstname.lastname@example.org T: 0131 222 2939
- Acting for all major UK Medical Defence Organisations
Also act for individuals on a private basis.
- Representing individual clinicians
Representing individual clinicians including: surgeons, physicians, radiologists, anaesthetists paediatricians and GPs before their regulatory body the GMC.
We represent such clinicians in all aspects of the regulatory and disciplinary process from initial complaint to resolution of the matter.
- Appealing decisions of regulatory bodies
Appealing decisions of regulatory bodies to the relevant supreme courts.
- Representing medical professionals in disputes with their employers
Representing medical professionals in disputes with their employers arising from health, conduct or performance issues.
- Advising consultants and health board staff
Providing advice and representation to consultants and health board staff in disciplinary investigations by their employers.
- Fatal Accident Inquiries
Representing medical professionals including doctors, nurses and dentists in numerous complex Fatal Accident Inquiries across Scotland.
Representing the interests of clinicians and nurses working within the prison system at Fatal Accident Inquiries.
- Representing Dentists
Before their regulatory body the GDC.
Assisting dentists dealing with queries and investigations arising from the Practitioner Services Division of the NHS.
- Chiropractors and pharmacists
Representing other healthcare professionals such as chiropractors and pharmacists before their respective disciplinary bodies.
- High profile Public Inquiries
Representing individual medical professionals at complex and high profile Public Inquiries, both in Scotland and in other jurisdictions.
Representing NHS employees and NHS contractors before NHS Tribunals
- Court of Session and Sheriff courts
Representing medical professionals in negligence claims in both the Court of Session and Sheriff courts - wide experience of high value, complex claims including fatal claims, wrongful birth actions, brain injury, laser eye surgery and dental cases.
- Social media - protecting reputations
Protecting the reputation of medical professionals on social media and in other media including obtaining interdicts and non harassment orders as appropriate.
"BTO’s excellent team has particular experience in FAIs, and shows ‘impressive consistency."The Legal 500
"exceptional client-handling skills."Chambers UK
"Produces the highest calibre of work, quickly and often at short notice."The Legal 500
"...fantastic grasp of detail..."Chambers UK
"...extremely personable..."The Legal 500
"impressive tactical awareness in cases of the utmost seriousness. "The Legal 500
"The quality of the partners makes this a standout practice that should be regarded as number one in Scotland."BTO Client
"They are very personable, quick to get back to you and able to handle the most complex and difficult litigation – ten out of ten."BTO Client