It has been announced today in the Mail on Sunday that our legal case against the GMC has been joined by two families who have suffered tragic bereavements following care delivered by Physician Associates (PAs). Statements are being prepared in which both will give evidence to the Court.

These families have chosen to stand with us.  This is a significant development and underscores the gravity of the case. We extend our deepest sympathy to them for their loss, and we are grateful for their courage and bravery in stepping forwards. It is critical that everyone understands just what inadequate standards, supervision and lack of regulation can lead to.  

Please help us reach our fundraising target so we can ensure the case can be filed in court in the next few days. 

The Mail on Sunday piece is timely: it highlights the growing public concern over the devastating consequences of inadequate supervision, PAs and AAs (Anaesthesia Associates) not identifying themselves and explaining their roles and, most importantly of all, the lack of clearly understood and enforced limits on those roles – so when a patient needs a doctor, it is a doctor that sees them, not just a PA or AA.

Documents retrieved by AU under Freedom of Information laws reveal ‘really quite shocking’ policies at local level, according to AU’s lawyer, who was quoted in the Mail article. They show AAs are being allowed to sedate patients, including children, without direct supervision from a doctor.

Our legal case demands change. It demands that the GMC takes responsibility – which is what we believe Parliament intended when it gave the GMC the power to regulate PAs and AAs. We want to close the alarming gaps in regulation – gaps that allow PAs to operate in critical situations without defined standards. Gaps that fail to define lawful practice measures. And gaps which have led to tragedy.

It is as remarkable as it is regrettable that the GMC sees things so differently. Charlie Massey, the GMC CEO and a government appointee, made many assurances to the Chesterton family at a meeting on 17 July 2024 about the way regulation would be introduced. 

Hoodwinked

Speaking to the Mail on Sunday Marion Chesterton said “During our meeting Mr Massey agreed with more or less everything I said we wanted to achieve and the fact that patient safety should be paramount. At the end he looked at me and said ‘I promise you, no more Emily’s. We came away very reassured that the kind of regulation we wanted would be in place….But now, having seen from legal letters that proper regulation isn’t going to be sorted, I wonder whether we were being a bit placed, a bit hoodwinked”. 

Mr Massey’s assurances have been flatly contradicted by the GMC’s own lawyer in their reply to our own lawyers’ detailed letter. As the GMC is refusing mediation, we and the Chestertons must now put our concerns directly to the High Court. We are renewing our call to those who share our concerns for the funds we need. 

Our legal action is not only for those already affected but also to protect the safety and wellbeing of future patients in the NHS. Nobody else should be put at risk by the failure of the GMC to set and enforce standards.

Anaesthetists United has brought doctors, patients and the public together. But taking on a legal challenge of this magnitude comes with substantial costs. We are relying on the generosity of the public. Every donation, large or small, will go towards holding the GMC to account, getting it to discharge its duties as a regulator rather than evading them, and preventing further harm.