On 5 June 2023, a group of doctors, including some General Practitioners, have begun legal proceedings against the General Medical Council (“GMC”) over what they say is a failure to act on COVID-19 vaccine misinformation.
Why are they taking legal action?
The doctors are specifically concerned about the social media posts of Dr Aseem Malhotra, a consultant cardiologist with over half a million followers on Twitter. They argue that Dr Malhotra has repeatedly made false and misleading statements about the COVID-19 vaccine, and that his posts have the potential to harm patients. The GMC has so far refused to investigate Dr Malhotra, arguing that there is no evidence that his posts have caused any harm to patients. However, the doctors believe that the GMC has a duty to investigate doctors who spread misinformation on social media, and they are seeking a judicial review of the GMC’s decision.
This case is the latest in a series of legal challenges to the GMC’s handling of COVID-19 vaccine misinformation. In June last year, a consultant surgeon was suspended for six months by the Medical Practitioners Tribunal Service (“MPTS”) for making anti-vaccination statements on social media.
What has been said?
The GMC has said that it takes all complaints about doctors’ fitness to practise seriously, and that it will investigate any allegations of misconduct that meet the statutory threshold. A GMC spokesperson said:
“We carefully consider all complaints raised with us, and thoroughly examine all relevant information before making decisions about whether they meet the statutory threshold for investigation.”
However, the doctors in this case believe the GMC is not doing enough to protect patients from the harmful effects of misinformation. The group of doctors previously sent a letter to the GMC in April 2023 which stated:
“Failing to act poses a potential risk to patients and to public trust in both the medical profession and the GMC as regulator.”
The case is likely to have a significant impact on the way the GMC deals with doctors who spread misinformation on social media. If the doctors are successful in their legal challenge, it could pave the way for more doctors to be investigated and disciplined for their online posts.
