Abstract

In 2004, Dame Janet Smith1 recommended that the civil standard of proof is appropriate for the UK's General Medical Council (GMC), and the resulting legislation2 is now before Parliament. Within the four countries of the UK, the GMC regulates doctors on the basis of compliance with local legal rules, which can differ. For instance, English and Scottish laws of consent differ to some extent, so doctors in these two jurisdictions are obliged to follow different rules. However, the Health and Social Care Bill,2 if enacted, will apply across all four jurisdictions, and so the civil standard of proof will apply throughout the UK.

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