The legal case brought by Anaesthetists United (AU) and the parents of Emily Chesterton - and supported by the BMA - over the GMC’s failure to properly regulate physician associates and anaesthesia associates (PAs and AAs) will be heard at the Royal Courts of Justice in London on Wednesday and Thursday this week.

The parents of Emily Chesterton, Marion and Brendan, whose daughter died aged 30 after two appointments with a PA whom she believed was a GP, have joined with AU to bring a judicial review against the UK’s medical regulator, which they allege have failed in their statutory duty to set standards by ensuring a clear scope of practice that would prevent such dangerous blurring of lines between the roles of PAs and doctors in the future. The BMA is financially supporting their case. 

Meanwhile the BMA has announced it is appealing its related case against the GMC over the regulator's use of the term “medical professionals” to describe PAs. 

BMA chair of council Professor Philip Banfield said: 

“What Brendan and Marion Chesterton went through, losing their daughter Emily in such tragically avoidable circumstances, is something no parent should ever have to experience. It is a testament to their courage and determination to see that the chances of this happening again are drastically minimised that they have joined this case against the GMC. As we begin this court case today, we are saying simply that there must be no more stories like Emily’s. When our patients need to see a doctor, they must know that they are seeing a doctor.  

“At its heart the case is simple: the GMC is our medical regulator. It should have a duty to protect patients. Yet it persistently declines to set out what PAs can and can’t do. There is no scope of practice, no clear guidance, and thus no way the GMC can claim it has ‘set standards’ in any manner that patients or other staff would regard as necessary to ensure patient safety. The GMC has washed its hands of these duties and, along with the NHS, has perpetuated a postcode lottery with frightening inconsistencies.  

“We know from bitter experience that without a clear scope of practice in place, PAs will be permitted to do medical work and procedures that far exceed their capabilities, often with terrible consequences.

“We are grateful for the work of grassroots campaigners like AU who have raised so much money from public donations, including from doctors who are rightly concerned about this issue. Along with AU we hope to bring the GMC back to its most crucial purpose: protecting patients. This should not have taken legal action - but it’s not too late to correct.”  

Notes to editors

Dr Richard Marks, co-founder of AU, can be reached at [email protected]

The BMA is a professional association and trade union representing and negotiating on behalf of all doctors in the UK. A leading voice advocating for outstanding health care and a healthy population. An association providing members with excellent individual services and support throughout their lives.