Case Studies - Trainee Surgeons and Trainee General Practitioners

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Please browse below case studies where our ARCP lawyers have drafted successful reviews and appeals for trainee surgeons in various specialties. The ARCP solicitors advising trainee doctors at RT Coopers have also represented trainee surgeons before ARCP Appeals Panels.

Case Studies - Trainee Surgeons

Case Study: ST8 Paediatrics and Subspecialty Trainee awarded ARCP Outcome 6 (certificate of completion of training (‘CCT’)).

On appeal, ST8 paediatrics and subspecialty trainee was granted ARCP Outcome 6. The ARCP Appeals Panel upheld the appeal drafted by RT Coopers overturning the original ARCP Outcome 3 and awarding ARCP Outcome 6 (gained all required competencies and will be recommended as having completed the training programme and for an award of CCT).

To achieve ARCP Outcome 6 means that the trainee gained all required competencies, to be awarded CCT.

One month prior to the end of training in paediatrics and a subspecialty, the educational supervisor (‘ES’) recommended ARCP Outcome 3 in the Educational Supervisors Report. The ST8 trainee was derailed on receiving this feedback as the trainee doctor was expecting the ES to recommend Outcome 6. There was never any discussions with the ES about the risk of an ARCP Outcome 3. Throughout training from ST1 to ST8, the feedback was ‘excellent clinician’ and other extremely positive feedback. By the time RT Coopers were instructed to draft the appeal, the ST8 trainee had sought a review of the ARCP Outcome 3 given by the original ARCP Panel. The ARCP Outcome 3 was upheld. RT Coopers were instructed at this point. RT Coopers drafted an appeal against the decision/rejection to review and overturn the decision. A detailed appeal was drafted to give the ST8 trainee an opportunity to be signed off for satisfactory completion of CCT without having to complete a further six months of training. The trainee doctor did not wish to do any further training and was ready to become a consultant. Once the appeal was submitted, the next stage was to attend an ARCP Appeals Panel hearing. Following the Appeals hearing, the ARCP Appeals Panel upheld the appeal. The outcome was ARCP Outcome 6, to be awarded CCT.

Background: This was the case of an ST8 trainee doctor with over 8 years of training in several district general, tertiary and quaternary hospitals across four different deaneries. The ST8 trainee had to meet the learning outcomes for the main specialty and subspecialty in order to gain CCT in both specialties. The ST8 trainee met each of the key mandatory capabilities. RT Coopers were instructed to draft the appeal after the ST8 trainee received ARCP Outcome 3 and the Outcome 3 decision was maintained even after requesting a review of the ARCP Outcome 3 decision. The appeal was based on grounds of procedural irregularity as training was extended unfairly with no justification.

Issue: No concerns were ever raised throughout the 8 years of training. Unsubstantiated issues were highlighted as concerns only one month before final ARCP. This was a difficult case as the trainee had been exemplary throughout training and it was only at the final stage of training that the ES recommended extension of training.

During training there were never any concerns raised, in fact, the ST8 trainee tended to exceed expectations for a number of learning outcomes and key capabilities and, in some cases, rated as “Excellent” by educational supervisor. Where areas for development were highlighted (as is the case for any trainee), the ST8 trainee would always address those areas.

The ST8 trainee had an exemplary training record in relation to both the main and subspecialty. The first time the ST8 trainee was informed that the training would be extended was one month before the final ARCP meeting.

Reasons extension of training flawed: RT Coopers were able to show that the ST8 trainee had met the minimum regulatory standards for satisfactory completion of CCT.

Excerpt from email from trainee following hearing: 'Just finished the appeal hearing. Unanimous decision. Outcome 6, I will be getting my CCT. Thanks for all your help' Then ST8, now consultant.

Case commentary: RT Coopers drafted a robust appeal that enabled the ST8 trainee to avoid an extension of training and to be awarded ARCP Outcome 6 – to be signed off for satisfactory completion of CCT.