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Malcolm Fortune

CALLED TO THE BAR 1972

Junior Counsel


Professional Discipline Profile

Background

 

1963-68      Hurstpierpoint College
1969-72      Inns of Court School of Law

1989           Assistant Recorder
1994           Recorder
                   Former Chairman of the Bar Council’s Working Party on Direct Professional Access

 

Legal Assessor for the Hearing Aid Council

 

Email: mfortune@3serjeantsinn.com

 



General Information

 


Directory Comments

 

Malcolm is recommended by leading legal directory Chambers & Partners in professional discipline:

 

Malcolm Fortune "knows how to take the fight to the opposition." Chambers and Partners 2010

 

'The “blood and thunder” style of Malcolm Fortune attracts much comment from the market. His professional discipline work has grown out of a criminal practice and is none the worse for that, with interviewees praising his “well-crafted cross-examination skills.”' Chambers & Partners 2009



Nature of Practice

 

Professional discipline

Substantial experience of representing doctors and dentists before their respective Fitness to Practise Panels and Professional Conduct Committees  Malcolm has previously advised numerous health authorities on prosecuting doctors, dentists and opticians before the late National Health Service Tribunal. He has also acted as legal assessor for the Professional Conduct Committee of the Chartered Society of Physiotherapy.



Specialist Information

 


Reported and other cases of Interest

 

General Medical Council: Dr Kong Lan Keng Lun (Lan), September 2007: Consultant Radiologist, failing to diagnose and treat breast carcinomas in an NHS Hospital and failing to manage, teach and supervise effectively the staff within the Radiology Department: his Fitness to Practise found to be impaired - Conditions imposed on his Registration for two years.

General Medical Council: Mr Sohail Ahmed, June 2007: Consultant Opthalmologist, who had undergone successfully a review of his Professional Performance as directed by The Fitness to Practise Panel in August 2006, returned to face the original allegations: his Fitness to Practise found to be impaired in respect of those original allegations - Conditions imposed on his Registration for one year.

General Dental Council: Mrs Joanna Chyzy, February and July 2007: General Dental Practitioner faced numerous complaints made by patients about the standard of treatment administered; Found Guilty of Serious Professional Misconduct: Erasure of her Name directed.

General Medical Council: Mr Sohail Ahmed, August 2006, Consultant Ophthalmologist – appearing before The Fitness to Practice Panel – concerns raised in respect of his Ptosis surgery, his failure to seek within a reasonable time an ultra sound scan and a vitro-retinal opinion for a young patient with a severe penetrating eye injury and his diagnosis of and management of patients at risk of Giant Cell Arteritis: an assessment of his professional performance directed.

Winchester Coroner’s Court: Dr Ibrihim Jalloh, June 2006, GP working in an Out of Hours capacity, attending a patient suffering from the side effects of Sulphasalizine – whether GP put himself sufficiently into a position to make an appropriate diagnosis and not then to refer the patient to hospital.

General Medical Council: Dr Irfan Shah, May 2006, Junior Doctor unable to decide whether to remain in hospital medicine or to enter general practice – lies told on several occasions, both orally and in written applications – dishonesty admitted – Registration suspended for nine months.

General Dental Council: Mr Vincent Matich, April 2006, General Dental Practitioner, making dishonest claims for payment by the Dental Practice Board in respect of work not carried out – Erasure directed.

General Dental Council: Mr Glen Simons, February 2006, General Dental Practitioner accessing and downloading indecent images of children and young persons – convicted in the Crown Court but conviction set aside by the Court of Appeal, Criminal Division as Judge had admitted evidence later ruled in the CACD to have been inadmissible – Conduct Hearing before the GDC on the  evidence led before the Crown Court – and supplemented by more evidence obtained using more advanced retrieval equipment  - Erasure directed.

General Medical Council: Mr Andrew Gbinigie, August 2005, Consultant Obstetrician and Gynaecologist – appearing before the Professional Performance Committee, following  concerns raised in respect of his management of sixteen patients, diagnosed as suffering from various gynaecological complaints – refusal to accept the GMC’s Statement of Requirements – Assessors’ recommendations for further training not upheld by the PPC.

General Dental Council: Dr Hennie Bruwer, May 2004, Orthodontist on Specialist Register – appearing before the Professional Conduct Committee – allegations of making misleading statements about the accessibility and availability of orthodontic treatment under National Health Service regulations –Registration suspended for four months.

General Medical Council: Dr John Rees, July 2003, Locum Consultant Haematologist – appearing before the Professional Conduct Committee – allegation of inappropriate treatment of elderly male patient diagnosed as suffering from Myelodysplastic Syndrome and whether fully consented.

General Medical Council: Mr Andrew Gbinigie, March 2003, Consultant Obstetrician and Gynaecologist – appearing before the Professional Conduct Committee – termination of a near 20 week foetus at an abortion clinic and allegations of inappropriate behaviour towards members of staff.

Inner London  Crown Court: Ravinder Singh Panesar, January 2003, General Medical Practitioner – appearing before the Crown Court – allegations of forgery of prescriptions, whilst employed as a Civilian Medical Officer by the Ministry of Defence in London.

General Medical Council: Mr M.A.R.A. Al-Fallouji, July 2002, Consultant General Surgeon with particular interests in upper gastro-intestinal and colo-rectal surgery – appearing before the Professional Conduct Committee – allegations of inappropriate behaviour and inappropriate language in and out of theatre towards members of the medical and nursing staff and allegations of providing false criticisms in letters about junior medical colleagues.

General Medical Council: Doctor Michael Harbinson, August 2001, General Practitioner with a specialist interest in male circumcision – appearing before the Professional Conduct Committee – allegations of failing to explain to two mothers alternative methods of treatment to circumcision for penile complaints, placing one mother under inordinate pressure to have her baby son circumcised and failing to refer both babies to an appropriate medical practitioner for an opinion regarding circumcision.

General Medical Council: Doctor Tom Onen, July 2001, Consultant Psychiatrist, specialising in substance misuse – appearing before the Professional Conduct Committee – allegations of inappropriate and/or irresponsible private prescribing of controlled drugs to addicts.

General Medical Council: Doctor Janusz Wszeborowski, January 2001, Staff Grade obstetrician and gynaecologist - appearing before the Professional Conduct Committee - allegations of applying and using forceps with undue force.

General Medical Council: Doctor Wilhelm Bijl November 2000, Staff Grade obstetrician and gynaecologist - appearing before the Professional Conduct Committee - allegations of clinical incompetence and professional negligence.

General Medical Council: Mr. Richard Neale June - July 2000, Consultant Obstetrician and Gynaecologist - appearing before the Professional Conduct Committee - allegations of clinical incompetence and professional negligence arising out of urogynaecological and gynaecological surgery.



Clients

 


Publications

 


Lectures and Seminars

 

Malcolm lectures regularly to audiences such as solicitors' firms and defence organisations. Recent lectures include:

  • "Corporate Manslaughter: How will the 2007 Act affect My Organisation?" on 5 June 2008 to EMW Solicitors
  • "Talking Practicalities: Managing the Trust at an Inquest" on 13 June 2008 to Mills & Reeve, Birmingham and 28 September 2007 to Mills & Reeve, Cambridge
  • "The Local Adviser's Role" on 7 October 2006 to the Dental Protection Society


Related Professional Activities

 


Other Information