Prof Richard Thompson, a consultant at King’s College Hospital (KCH) in south London, will not face any further disciplinary measures despite the tribunal’s determination that his actions constituted “misconduct which impairs his fitness to practice.” The tribunal cited “exceptional circumstances” and a “single lapse of judgment in an or else exemplary career” as reasons for its decision.

The case revolves around the death of Martha Mills, who died from sepsis in August 2021. Her case led to the creation of “Martha’s rule,” which grants patients in english hospitals the right to seek a second medical opinion.

The Medical Practitioners Tribunal Service (MPTS) found that Prof Thompson, who was on duty on August 29, 2021, failed to escalate Martha’s treatment to intensive care or conduct a direct assessment of her condition, including a rash. The duty registrar had contacted Prof Thompson at home when Martha developed the rash.

In 2022, a coroner resolute that Martha would likely have survived if doctors had recognized the warning signs of her deteriorating condition and transferred her to intensive care sooner, a request her parents had made.

Tribunal’s Reasoning

robin Ince, chair of the MPTS panel, stated that “there was no allegation or evidence that Prof Thompson either caused or contributed to Martha’s death,” which was among the “exceptional circumstances” considered. He added that the misconduct finding itself was a “significant stigma” and would be a “continuing embarrassment” for Prof Thompson.

“A sufficiently clear message had already been sent to the profession and to the public…that even such an experienced doctor…could still make serious errors”

Ince further noted that the finding would “remain a stain on Prof Thompson’s reputation for the rest of his life,” sending a clear message to the medical community and the public.

Christopher Rose, representing the General Medical Council (GMC), had advocated for Prof Thompson’s suspension, arguing that taking no action would undermine the tribunal’s impairment finding and public confidence in the medical profession.

However, Ince countered that a suspension would result in the loss of Prof Thompson’s expertise as a hepatologist, which would not be in the public interest, and that the decision not to impose sanctions did not diminish the message conveyed by the impairment finding.

Martha’s parents, Merope Mills and Paul Laity, acknowledged the tribunal’s findings, stating that it was “important to us that allegations denied have been found proved and the gravity of mistakes that led to our daughter’s preventable death has been recognised”.

Martha sustained a pancreatic injury from a bicycle accident in Wales. She was transferred to intensive care at KCH on August 30, 2021, suffering from septic shock, according to a hospital report.

The Commons health and social care committee heard in March that “Martha’s rule” had been invoked over 2,000 times, leading to improved care for over 300 patients and escalation to intensive care for more than 100.