Patients accuse NHS England of forcing doctor to take further legal action after “unjustified, unacceptable and unreasonable” decision
The Health Secretary has been urged to review the case of an award-winning GP who was unlawfully sacked – according to the High Court – for trying to protect confidential patient data.
Labour MP John McDonnell has written to Steve Barclay pointing out the concerns of patients in his constituency and demanding that the Secretary of State intervene.
Furious patients of Dr Sashi Shashikanth say NHS England has forced the popular doctor to take further legal action in order to safeguard their patient records and the future of two practices which serve more than 8,000 patients.
Dr Shashikanth has sought to persuade NHS England to resolve a long-running confidential patient’s data conflict by reinstating him, without additional legal action, in order to save taxpayers’ cash.
But the West London GP says NHS England’s refusal to bow to a court ruling means he’s been left with no choice but to lodge further legal papers.
Patients ‘concerned’ at treatment of their GP set to meet with former PM
In his letter to Mr Barclay, the MP for Hayes and Harlington, writes: “Many of his patients have expressed to me their concerns about the way their doctor has been treated by the NHS bodies and the toll this has taken on him.
“I share these concerns and I am also anxious about the serious risk of losing two GP practices in an area of expanding population where there are already not enough GP’s to cope.
“I am writing to ask you to review the case of Dr Shashikanth and to seek a clear resolution to the current situation to enable this respected general practitioner to both abide by his patients’ wishes with regard to the sharing of their health data and to continue to serve our local community.
The development comes as patients’ groups also meet former Prime Minister, the Uxbridge and South Ruislip Tory MP Boris Johnson, on Monday (December 19th) to also urge him to intervene.
NHS England “defending the indefensible and wasting Taxpayer’s Cash”
Royal Navy veteran, John Rogers, 78, a prostate cancer patient who leads one of the local patient groups, said: “NHS England are wasting even more taxpayer’s cash by continuing to fight this case, despite a High Court judge saying Dr Shashikanth was unlawfully dismissed. They are trying to defend the indefensible.
“NHS England should do the right thing, and reinstate our doctor now. We also urge politicians of all parties to intervene to make NHS England see sense.”
Dr Shashikanth has asked for legal permission to appeal a decision by NHS England to unlawfully sack him as a GP for refusing to share confidential patient data. He has the backing of doctors’ leaders, including the BMA which is joining the case as an interested party.
Dr Shashikanth said: “Despite a ruling by a High Court judge which states that I was unlawfully dismissed by NHS England, they appear to be willing to waste more taxpayers’s money to defend this unjustified, unacceptable and unreasonable decision.”
GP Refused to Share Confidential Patient Data with PCN
The court ruling, which refused permission for a Judicial Review, raises major concerns for other GPs who seek to dispute decisions made by NHS England in future.
The long and bitter saga was sparked by Dr Shashikanth’s refusal, supported by legal advice and the wishes of his patients, to give full access to confidential patients’ data to the local Primary Care Network (PCN), part of a larger private enterprise. The GP’s practices were the only local surgeries which chose not to join the local PCN but offered to deliver services themselves.
As a result his contracts were terminated by Hillingdon’s now defunct Clinical Commissioning Group (CCG) which also lodged a series of unfounded complaints about the GP to a range of key bodies including the General Medical Council (GMC), NHS England’s GP performance management department, and the Care Quality Commission (CQC), each of which rejected the complaints.
Dr Shashikanth said: “This whole ridiculous episode is totally unnecessary and a waste of NHS resources. At a time when GP workload is on the increase, our time, energy and resources are being diverted into fighting an unnecessary legal battle, when we should be concentrating on delivering services to our patients.
“I would, at this eleventh hour, urge NHS England to think again, and reinstate me without further delay.”
MP Tables Motion in Parliament
Mr McDonnell has already tabled a motion in parliament in support of Dr Shashikanth.
He said: “I am extremely concerned about what Dr Shashikanth has gone through purely because he wanted to follow his patients’ wishes to have control over whom their data could be shared with.
“Patients’ right to have control over their personal health information should be a fundamental principle and no health practitioner should be penalised for standing up for this right.”