, 2025-04-18 09:11:00
The British Medical Association (BMA) has lost a High Court challenge against the General Medical Council over its regulation of associate professions.
The BMA took legal action last year, arguing that the GMC’s use of the term “medical professionals” to describe both doctors and associates blurred important distinctions and risked patient safety.
The judicial review focused on the GMC’s decision to issue shared professional standards for doctors, physician associates (PAs), and anaesthesia associates (AAs). The BMA said this approach was irrational and misleading.
Court Backs GMC’s Approach
In a judgement handed down on Thursday, High Court judge Mrs Justice Lambert DBE dismissed three arguments put forward by the BMA following a hearing in February.
She said, “The use of shared standards was logical given the overlap in work undertaken by doctors and associates and the need for regulatory concerns affecting all three professions to be considered against the same standards.”
Lambert added, “There is nothing irrational or inherently confusing about the application of the same standards to doctors and associates. Nor is there anything irrational or inherently confusing about the use of the term ‘medical professionals’.”
BMA Raises Patient Safety Concerns
Professor Phil Banfield, BMA council chair, said there was a growing body of evidence that the distinction between doctors and associate professionals was unclear. He warned that patients did not always know that they were receiving care from a non-medically qualified professional.
He cited recent incidents in which patients were unaware they were being treated by PAs rather than doctors, with some cases linked to serious outcomes. He also noted that coroners had urged the GMC to clearly differentiate between doctors and PAs following avoidable patient deaths.
“The potential for patient harm in equating the two roles has been shown,” Banfield stated.
GMC Defends Shared Standards
The GMC maintained that its public register clearly identifies whether an individual is a doctor, PA, or AA.
The judge agreed, stating that the GMC’s Good Medical Practice guidance “makes clear that all medical professionals have a clear ethical duty to be honest about their experience and role”. She said the term ‘medical professionals’ does not imply that associates are regulated doctors.
“All of the evidence indicates to me that, in producing shared standards, the GMC acted to further patient safety,” Lambert said. The ruling also noted that a consultation process had been undertaken before the final decision was taken to issue merged guidance.
Charlie Massey, chief executive of the GMC, welcomed the judgement.
“We are pleased the court has recognised that our decision to produce our guidance in the form of a single set of core standards for all three professions we regulate was a logical and lawful decision to reach”, he said.
He added that the process “had involved detailed consultation, research, and input from key stakeholders, including the BMA.
Next Steps for the BMA
The BMA said it was considering its next steps following the “disappointing” ruling.
“Having ruled on the legal technicalities, the court has ignored common sense,” said Banfield. “The effect will be to perpetuate the patient safety issues caused by this confusion.”
Dr Rob Hicks is a retired NHS doctor. A well-known TV and radio broadcaster, he has written three books and has regularly contributed to national newspapers, magazines, and online. He is based in the UK.