A CLINICAL director for a health board is locked in a legal dispute with his former business partner after raising concerns about his competency to practise as a GP.
Dr Eamonn Brankin, clinical director of primary care for the NHS Lanarkshire's north-west unit, reported a number of "clinical issues" surrounding Dr Paul Flanigan's abilities to senior management within the board
Dr Flanigan was forced to complete a competency assessment by the Royal College of General Practitioners and the claims against him proved to be unfounded.
However, Dr Brankin and a third partner in the Coatbridge practice, Dr David Kilgour, dissolved their partnership with the GP, forcing him to seek work elsewhere.
The three doctors, who formed the partnership in 2001, are now involved in a lengthy civil action at Glasgow Sheriff Court over the sum of money Dr Flanigan is due from his share of the business.
He claims he is owed more than £95,000, but Drs Brankin and Kilgour – who continue to run Church Street Medical Practice – argue he was due £89,000 when the partnership dissolved and is now owed just £53,000 as they have already paid him some of the money.
In a written judgment on the case, which deals with the issue of who has a duty to account for the money owed, Sheriff Richard Clark said: "In the course of 2005, concerns regarding Dr Flanigan's fitness to practise had arisen in the minds of Drs Brankin and Kilgour.
"These were brought to a head by Drs Brankin and Kilgour when they wrote about their concerns to the medical director of NHS Lanarkshire, Dr Shona Mackie, on November 22, 2005.
"Subsequently at a meeting on December 19, 2005 ... Dr Flanigan was advised that the partnership was terminated with immediate effect.
"Dr Flanigan later met with Dr Shona Mackie and Dr Mackie considered it was necessary, given the allegations by Drs Brankin and Kilgour, that Dr Flanigan should have his competence to provide medical services assessed."
The court action has been raised by Drs Brankin and Kilgour after years of arguing with their former partner. In documents lodged at the court, lawyers acting for the two doctors stated: "The pursuers have for three years attempted to agree with the defender the sum due to him in terms of his closing capital account all without success."
They have asked the court to rule that the figure they state is what Dr Flanigan is owed.
However, Dr Flanigan – who now works at a GP surgery in Wishaw, North Lanarkshire – has launched a counter claim for the larger amount.
The GP told the Herald he was assessed by the Royal College of General Practitioners, who found no issues regarding his competency. Dr Flanigan added: "They were quite happy for me to continue practising and I have been since then."
Solicitor Theresa McWilliams, who acts for Dr Flanigan, said any concerns over Dr Flanigan's abilities as a doctor were "unfounded".
She added that the dispute had been "long and stressful" for the parties involved.
A spokesman for NHS Lanarkshire said: "We did investigate the allegations and Dr Flanigan's competency was assessed but no report was made to the General Medical Council. He is still a practising GP with NHS Lanarkshire."
The exact amount to be paid to Dr Flanigan will be decided by the court at a later date.
Dr Brankin refused to comment on the case.
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