Case Update: Talib Al-Mishlab v Milton Keynes Hospital NHS Foundation Trust
Published 2 February 2015
The High Court considered the application of Maintaining High Professional Standards (MHPS) in this case, and has this morning made important findings on:
- the test that a Trust is required to meet if their decision to exclude a doctor under MHPS is to be legal; and
- the weight and relevance of the issue of patient safety to a Trust's decision making.
This case is helpful to NHS employers in clarifying the nature of the discretion that NHS bodies have in excluding doctors and underlining the reluctance of the courts to intervene and second guess reasonable management opinions.