You’re Under Investigation. Here’s What’s Next.

11 December 2024

By Peter Sedman, Executive Board Member, CBS. Medical Director for the Department of Cardiology in Hull University Teaching Hospitals NHS Trust.

Being told you are under investigation is undoubtedly one of the most stressful times in a surgeon’s career. It’s natural to feel frustrated, overwhelmed, and even defensive, but there are steps you can take that will help you navigate the process with professionalism and resilience.

Initially, it is crucial to understand that investigations are the default response to raised concerns, and the route the investigation takes will differ enormously depending on who is conducting it. This could be one or more of various bodies, including the GMC, the NHS, the police, or a legal body, and it will benefit you to learn the process for each. For example, the NHS follows the MHPS (Maintaining High Professional Standards) framework, which is a structured, rigid process designed to ensure a consistent approach for all investigations, regardless of the complaint. If police are investigating alongside any other body, it is worth knowing that their investigation takes precedent over all others. They will have access to witnesses, and no other body is then allowed to speak to them. On that note, it is paramount that anyone under investigation avoids contacting witnesses, as doing so could jeopardise the process and lead to potentially serious consequences.

Maintaining good psychological health is essential for the resilience needed to navigate this process. I recommend swiftly identifying your support network and reaching out to them; this will not only help your emotional wellbeing but also help you gain perspective. Your network may well include peers and it’s important to know, at this point, the default position is for the person under investigation to continue working unless suspension is deemed necessary. This allows you consistent access to this network during the investigation.

Try to remain as objective as possible. Even if you are certain you have done nothing wrong, you are being investigated for a reason, and it is important that you understand what that is. Ask yourself uncomfortable questions: is it possible that your clinical work fell under your usual standards? If not, why has somebody lodged a complaint? Could it be for a personal reason? By breaking down the motivation behind the complaint, you will gain insight into the situation, which can help you respond more objectively. We can be quick to dismiss allegations as nonsense, but this is an opportunity to learn and adapt. It’s essential to stay open-minded and avoid burying your head in the sand - in trying to understand the other party’s perspective, you are more able to respond with professionalism while demonstrating your willingness to engage with the investigation. As challenging as an investigation may be, it can also provide valuable insights and, regardless of the outcome, there’s always an opportunity for learning and growth.

Honesty and humility are fundamental values in our work, and these qualities will help you through any investigation you may face. Always remember, you are not alone. CBS plays a critical role when a surgeon, or member of the surgical team, is under investigation. Our Surgical Advisory Service provides guidance from experienced consultants, backed by legal experts, to assist and advise the entire surgical team.

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