Falling foul of gagging clauses
Gagging clauses can also work in favour of doctors who leave trusts “under a cloud,” making it difficult for future employers to find out what went wrong and leaving them free to repeat their behaviour. These legal restrictions make it difficult to raise concerns about a doctor’s competence. The BMJ has uncovered a case of one consultant currently working as a locum who has left two trusts with gagging clauses concealing the reasons for the departures. Jane Cassidy hears how a concerned medical colleague who tried to report the consultant to the General Medical Council got into trouble for breaching the gagging clause
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