Case Study - Medical Student - Failure of PACES - Appeal Upheld

Case Study

Year 6 final phase medical student was withdrawn from

medical school after failing one module having attended

medical school for 7 years. The number of years added

up to 7, due to a retake of year 1. RT Coopers were

instructed to draft appeal and the appeal was upheld.

Summary

Year 6 final phase medical student withdrawn from the Bachelor of Medicine, Bachelor of Surgery and Bachelor of Science in Medical Sciences (‘MBBS programme’) for unsatisfactory academic progress. Our client passed the Prescribing Safety Assessment, Written Paper, Surgery Practical Assessment of Clinical Examination Skills (‘PACES’) and failed the Medicine PACES for the third time. RT Coopers drafted an appeal to allow a fourth attempt to retake the medicine PACES exam which the client narrowly failed. The appeal was upheld.

Background

In the first year, our client failed an open book exam and had to repeat the year, which was a problem-based learning paper. Our client passed the resit and progressed to the next year. Our client passed year 2 and failed the Objective Structured Clinical Examination (OSCEs’) in year 3. In the first attempt of the year 3 OSCEs, the client failed 6 stations. Our client was successful in passing year 4 exams. In year 5, our client failed the surgery PACES and medicine PACES exams and the resits for both PACES exams. Our client was allowed to carry on into the final phase. Our client failed the resit and took an interruption of studies in year 5. Our Client had to pass 4 written papers including the PACES exams. Our client sat and passed two written papers, failed both PACES exams as our client was affected by extenuating circumstances.

Our client had very little time to prepare for the PACES exams and received no feedback (i) on where our client had gone wrong; (ii) the stations that were failed; and (iii) how to improve. With no practice sessions, our client sat the resit and made the same mistakes over again, this time failing the .

Our client did not impress the examiners that our client was ready to join the Foundation to become a junior doctor.

When reporting to the examiners our client seized up.

When presenting to the examiners not all findings were clear and/or that the right diagnoses were made.

Grounds

Our client appealed on the following three grounds:

i. There is new evidence of extenuating circumstances which the student had been unable for valid reasons to disclose before the Head of Department made his/her decision; and

ii. There is evidence that the Head of Department had acted unreasonably in requiring the student to withdraw

iii. Where there is evidence that the Student Withdrawals and Appeals Procedure has not been correctly followed.

Some of the points for consideration were as follows:

For the PACES resits, our client did not receive any feedback due to being on attachment abroad and only able to return a few days before the PACES resit.

Our client also missed the remedial course, which meant that our client was going into the PACES resit about to make the same mistakes that were made before.

The reporting to the examiners was the real issue contributing to the failure of the medicine PACES.

Our client had also failed to complete and submit an extenuating circumstances form by the due date.

Outcome

Our client was seeking an opportunity to retake the medicine PACES exam as a fourth attempt. Our client’s appeal was upheld and was allowed to rejoin the programme without having to retake the year. Our Client was allowed a fourth attempt of the Medicine PACES exam.

Commentary

A lot was riding on the outcome of this case as our client failing the resit for one module had already invested 7 years at medical school when our client was withdrawn from the programme.

Testimonial

Final Year Medical Student (7 years) - did not make extenuating circumstances known to the Faculty - withdrawn from the Bachelor of Medicine, Bachelor of Surgery and Bachelor of Science in Medical Sciences for unsatisfactory academic progress after failing resit for the medicine PACES exam - narrowly failed - held face to face consultation to particularise the grounds of appeal - RT Coopers drafted academic appeal on the main ground of new evidence of extenuating circumstances - NB was re-admitted in September of the same academic year to Medical School after winning Appeal in August - now Medical Doctor

'I came to RT Coopers in my hour of need as my last ditch effort to salvage my career after my studies were terminated as a final year medical student. I was hesitant at first but I could feel the warmth and care Rosanna had for me and my plight through our first "consultation" on Skype. My overall feeling about the firm is that RT Coopers is a team of very competent lawyers led by an outstanding lawyer who is willing to fight for the rights of others. Rosanna is an artist and expert at dealing with people and delicate issues surrounding the matter presented to her. She worked day and night (even weekends) to make sure my tight deadline was met. The work ethic and dedication shown to me, as though I was the only client at the time, is above and beyond what I could have expected and certainly exceeds the time I was levied for. Rosanna spent hours on the phone with me to ensure I was coping with the stress and believed in myself. To me she has been an absolute rock through these tough times. In fact Rosanna still checks on me ever so often.

Through working with Rosanna certain aspects on my life which had been having a negative effect on me were highlighted which provided a new direction and dimension to my case. Rosanna's approach is one of firmness intertwined with a soft approach getting one to accept responsibility for one's shortfalls as well as not placing any unnecessary blame on the individual. I was at a loss when I first came into contact with Rosanna as to why certain things had happened for so long. After meeting with Rosanna I have become aware of so much about myself and conflict resolution. That is the nature of the holistic approach to the services provided by RT Coopers. It was an absolute pleasure to find that regardless of what time of day it was one always got a reply to text messages, emails and calls.

Through my contact with the firm I have learnt the importance of debriefing after every event. Not only does one learn from any mistakes made but it reinforces positive behaviours. Rosanna debriefed me on various examinations and periods of my life which highlighted the areas that needed extra attention to overcome my difficulties. Words cannot describe how much I appreciate what Rosanna (and her team) have done for me. She has given me the light back into my life. I know she'll remain a member of my family forever. Should I ever need her again or come across anyone who needs legal assistance, I would not hesitate, even for a second, to call upon her. I know she will help as I am now back at medical school. If you are looking for a firm to help you in your hour of desperation choose RT Coopers. Not only will they win your case for you, but they will support you throughout the whole ordeal. I rate RT Coopers a 5 (if I could give a 10 I would).' N.B

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