Our Healthcare Professional Defence Experience & Service covers: Nurses, Social Workers, Junior Doctors, Consultants, and all other specialists in NHS & Private Healthcare Sectors.
“After so many years of academic study, several professional training courses, and giving my best on daily basis to my patients, my colleagues and my employer the letter from the NMC that questioned my Fitness to Practise as a Registered Nurse wasn’t just hurtful.
That letter affected my self-esteem, it questioned my self-confidence nearly threatened my livelihood.
Thank you Obinna Baranta, thank you for helping me say to the world and defending me in a way that confirmed that I was right when I decided that I would make a great Nurse.
Thank you to all the team at First Continental. You made me comfortable and confident from day one until our victorious outcome at before the Panel of the Fitness to Practice Committee of the NMC.”
Nurse NM – Camden Town, London.
We will defend your right to work as a professional and protecting your reputation from damage
No matter what profession you belong to, a letter from your regulator always raises some anxiety if an incident has occurred at work before the letter arrives. Sometimes, a regulator’s letter accusing a professional of some misconduct comes as an unpleasant surprise. Many of our clients say that is a point in time that will stay in their memories forever because they felt so sad and disappointed by the allegations.
A common reaction is to read the letter again and again. Sit down in the house with feelings of some worry and concern. Even feelings of disappointment and anger are not unnatural or inappropriate. After all, it takes so many years to earn your registration pin and have the experiences that are now at your disposal.
Unfortunately, office politics at many places of work mean that a professional will feel embarrassed and on the back foot, with some colleagues rushing to judgement without caring for a fair hearing.
We have seen this repeatedly and we have helped nurses, doctors and social workers succeed against false allegations, rescue their reputation, gain back confidence and continue doing the work they chose to do for life.
Contact us early to get the best defence – it is always the earlier the better in all NMC cases
To get the best out of our service, you need to get early expert advice from our specialist solicitors who will form a team around you, who know the field inside-out and who are passionate about seeing justice prevail for professionals in order fields because we see you as our fellow professionals.
With our experience and a good start, the case against you does not need to proceed far. The allegations against you can be shut down at an early stage even by submission of written representations on your behalf that explain the facts and your position in clear and accurate language.
Your solicitor’s job is to work proactively with you to reassure the NMC that you are a competent and reliable professional with integrity and fairness in your approach to your professional work and your personal conduct.
Our team is knowledgeable about the problems nurses face in the public and private sectors. We are familiar with the problems and situation at work that can lead to NMC investigations into a nurses’ conduct.
An experienced solicitor from our team will sit down with you and listen patiently and empathetically listen to every detail you have to offer in order to help us understand what has happened, how it all started, and where things are at this time.
We will conduct a thorough and detailed reading of all the documents that are available from you. We will also request for further documents that we feel can help your matter from you, from your workplace, from the NMC and from any other third parties.
If a third party is failing to disclose the documents that we require, will use the Data Protection Act and GDPR granted legal rights to ensure that all information that we require are fully disclosed for your benefit.
After reading all the papers, we will meet with you again to discuss your case in greater detail, and then we will give you legal advice about your case.
Throughout the process an experienced solicitor will advise you on the steps we will take for you, advice you on the next steps to take at work to preserve your position.
At all times, you can be sure that our team will be doing everything possible to maximise the prospect of your case being closed early, on paper and without a full hearing before a disciplinary panel.
Everyone knows that nurses are caring. This is a big part of our reasons for taking pride in our specialisation of providing professional legal services and client care to nurses.
Our firm represents nurses at all levels including newly qualified nurses, staff nurses, senior nurses, senior sisters, modern matrons, specialist nurse practitioners and even student nurses.
We also cover the variety of nursing specialisms, including: general nursing and specialist medicine. General surgery, mental health, A&E, ITU and CCU, community care, elderly care, paediatrics, psychiatry, and sexual health nurses.
Where your matter does not close at a paper level or at the interim hearing stage and you deny the allegations, we will defend the case against you.
After taking your instructions, studying all the papers and planning a successful strategy with you we will proceed by:
- Prepare the defence case plan that sets out how we will conduct your matter in order to ensure that we are successful
- Prepare an effective defence case statement that will be your statement in chief about the allegation
- Seek all witness statements that have been made against you from the NMC
- Take you instructions on the allegations and other contents of the witness statements against you
- Prepare your counter statements to all of witness statements in one or more witness statements that will be prepared on your behalf
- At the hearing we will question the witnesses with great care and skilful thoroughness to challenge their recollection of events. Our aim will be to make strong challenges to their testimony.
- Overall, our witness statements and our oral questioning of the witness will aim to undermine your employer, the NHS or the NMC witnesses’ credibility and cause damage their overall reliability as witnesses.
- At the end of the matter our solicitor will also make persuasive submissions on our client nurse’s behalf by summing up the case with factual advantages and legal points.
- Your solicitor will give you expert advice on how to approach the matter and the steps that you need to take
- This may be to submit some written submissions that reply to the allegations by stating your version of events and explaining why took certain actions or omitted to take any required actions
- We will help you further by preparing with you for an NMC hearing and can attend the NMC hearing with you
- Please note that the NMC will read a lot of meaning into how professionally and clearly you approach the entire process right from the administrative stage of the investigation into your conduct
- Your compliance with requests for statements of explanation or supply of some documents and evidence will be important to the NMC
- We will also advise you on what to disclose and how to disclose information so that you do not place yourself in more vulnerable positions in your attempts to explain your conduct
- We will assist you with written or oral submissions seeking a lenient outcome such as advice or warning by showing that you have gained much insight from the current situation
- We will assist you by making submissions to demonstrate that there is a low risk of repetition of any error in the future
- We will assist you by highlighting the actions you have taken or plan to take towards training to prevent and reduce the prospect of any sub-optimal practice occurring as you continue your practice of your profession
- We will assist you by gathering evidence to show that you rarely fall short of the standards expected of you
- We will assist you by showing how you have always complied with the code of conduct, standards, scope of practice and other expected competence requirements this will help us to demonstrate on your behalf that even a minor sanction is unnecessary, and surely no serious sanction is necessary in your case because
- a sanction is not necessary to ‘protect the public’
- a sanction is not necessary to uphold standards in the profession
- a sanction is not justified in the public interest
We have a track record of regularly getting favourable results in NMC cases heard by the Conduct and Competence Committee.
You will be in the best hands because our detailed understanding of the clinical and managerial role and responsibilities of nurses in a variety of settings.
Whether you work in the NHS or in the private sector and whether you work in hospital, GP surgery or a nursing homes we are in a position to give you the best legal representation in NMC matters.
We also advise and assist your clients on appeals against excessive and disproportionate NMC sanctions.
Please contact us to learn more about how we can help you preserve your profession, your reputation and your hard earned right to a good income.
We have successfully advised and assisted many clients in the following matters:
- Failure of duty to report acceptance of police cautions, any police charge of a criminal offence, certain civil litigation claims and other behaviour in professional or private life that are considered relevant to professional conduct.
- Overclaim of work-related expenses including allegations of dishonest claims for transport fares, mileage, service user or patient entertainment, postage costs and similar expenses.
- Unlawful and unjustifiable breach of patient’s confidentiality or transfer of patient data to a third party.
- Illegal immigrant status and dishonesty in declaration of immigration status during pre-qualification study stages, qualification stages and employment stages.
- Failure to visit service users and allegations of dishonest recording of times and events that occurred at service user visits.
- Fitness to practice proceedings including for suspension and exclusion from profession following minor criminal convictions.
- Fitness to practice proceedings following charge or conviction for a fraud offence.
- False or dishonest sick pay claims/working for 2nd employer
- Restoration applications following suspension or a striking off order arising from a criminal conviction a fraud related offence or other type of offence.
- Registration appeal following allegations or acceptance of student examination malpractice or other pre-qualification misconducts including driving offences and failure to declare other relevant matters at application stage.
- Defending fitness to practice proceedings arising from:
- Medication errors
- Complaints of racial or other discrimination against a service user
- Complaints of racial or other discrimination against another member of staff
- Complaints of assault on a service user
- Allegations of sleeping on duty
- Allegations of staff reporting for work or carrying out duties whilst intoxicated with alcohol or working under the influence of illegal drugs/heavy legal prescriptions that may impair judgement.
- Allegations of incompetence in the performance of duties
- Allegations of sexual misconduct in relation to patients, service users or staff
- Allegations of failure to keep proper records as required by job role
- Malicious or dishonest alteration of service user or patient records
- Failure to conduct appropriate risk assessments
- Other forms of inappropriate relationship with patients, service users or staff
- Allegations of failure to escalate safeguarding of a patient or service user
- Allegations of failure of duty to provide care and general legal duty of care to patients or service users.
- Obtaining employment by false references and dishonesty curriculum vitae
- Registration appeals in relation to revalidation
- Allegations of failure to respond to emergency call
- False or dishonest overtime claims