The High Court has ordered the interim suspension of a general practitioner from the Register of Medical Practitioners, pending the conclusion of disciplinary proceedings or further order of the court. The order followed an application by the Medical Council under section 60 of the Medical Practitioners Act 2007.
The judgment, delivered by Ms Justice Mary Irvine on 2 March 2021, concerns Dr Gerard Waters. The court was hearing an interim application, not deciding whether the complaint against him was proved.
The Council’s application followed a patient complaint about a consultation on 16 September 2020. The patient alleged that Dr Waters described Covid-19 as a hoax, questioned official death figures, said masks caused illness and suggested the patient’s symptoms were caused by wearing a mask. The Council made no finding on the complaint when deciding to apply to the court.
The Council also relied on concerns about the practice’s public health measures, the absence of referrals for Covid-19 testing, and Dr Waters’ stated unwillingness to administer Covid-19 vaccines. Dr Waters disputed the account of the consultation and defended his views. He said he held a conscientious objection to vaccination and offered undertakings concerning vaccination, referrals and patient information.
Justice Irvine considered whether suspension was necessary to protect the public, balancing that concern against the practitioner’s right to continue working and the consequences for his livelihood and reputation. She found the case sufficiently strong for an interim application, noting that Dr Waters admitted he had not referred patients for Covid-19 testing and that his practice did not comply with public health measures. The court said those matters would have to be considered by the Fitness to Practise Committee; they were not final disciplinary findings.
The judge concluded the proposed undertakings were too vague or impractical to protect patients adequately. They did not provide a workable system for referring symptomatic patients, and the court could not effectively supervise them. She also noted the absence of an undertaking to follow public health guidance within the practice.
The court granted the suspension sought by the Council. It found that the risks to patients and the wider community outweighed the burdens on patients who would need to find another GP and the consequences for Dr Waters. The suspension is interim; the judgment does not determine the outcome of the disciplinary proceedings.