GOC: 'All's well that ends well' inadequate

The GOC fired back in the Nicole Threlfall High Court appeal last week. The optometrist appealed against being found guilty of serious professional misconduct by a GOC disciplinary committee following her 2002 appointment with a 34-year-old patient who underwent emergency treatment for a detached retina. Earlier this month (News, October 15) the High Court heard from Threlfall's counsel Beverley Lang QC who said the decision by the GOC 'increased the scope of professional duty' and that Threlfall was not under a duty to diagnose. 'She contacted the specialist eye unit at Wigan, immediately told them about the possibility of retinal detachment and because of this referral it cannot constitute serious professional misconduct.' However, Alison Foster QC for the GOC said: 'In spite of her actions, he is seen and dealt with. 'All's well that ends well' is not sufficient. 'It is simply below the standards that are acceptable. It might have been too late Ð she didn't put herself in a position [to see what was wrong], thank goodness it worked out.' Foster told the judge, Justice Stanley Burnton, that Threlfall's evidence was, in effect: 'I fibbed to him that further dilation could damage him. 'She did it to skirt round the issue Ð that was her excuse not to carry out the necessary test. She should have done the test in the circumstances. 'If she gets him seen immediately that's fine Ð you can't take the risk. She couldn't have been in a position to satisfy herself [of his safety]. She's got to be in a position to know.' Foster said the GOC's case was that Threlfall 'couldn't be bothered, or panicked'. 'He looked unwell and asked to be referred, she went out and came back saying he could have an appointment tomorrow. 'Her expert evidence was 'all's well that ends well' Ð delightful but not an answer for what a professional does,' she said, adding: 'It's not a failure to make a patient diagnosis but the failure to take the right steps. 'It is plain she is not being asked to diagnose and no part of the reasons [for the finding of serious professional misconduct] indicate that is what they found her guilty of. She has to go as far as she can.' Threlfall declined to comment after the hearing. Justice Stanley Burnton reserved his judgement, and indicated that his decision might take some weeks to be delivered, though a source indicated an outcome would emerge in mid-November.