Medic Law - Supporting Fairness

Rajendra Chaudhary

MS FRCS(Ed) FRCS DipUrol MSc (Comp) GDipLaw Dip-Bar



Rajendra (‘Raj’) Chaudhary qualified as a doctor from New Delhi and worked as a General & Urological Surgeon in the NHS after obtaining his ‘double’ FRCS. His 13-year stint in the NHS (from trainee to locum Consultant) had given him an in-depth knowledge of the workings of the medical establishment and personal & professional dilemmas that doctors face. Progression of Raj’s medical career was met with injustices and legal obstacles which compelled him to challenge various relevant authorities; some of the judgments have been widely reported in the press and also cited as reported case law[1].

Thereafter, it was natural for Raj to enter into the arena of medicolegal law. Armed with a wealth of personal experience and knowledge of law, he unselfishly embarked on helping doctors facing a variety of legal issues with regard to their clinical practice and employment. In 2006-7, he was instrumental in launching the landmark case in relation to immigration rights of doctors on HSMP. Despite his increasing commitments, Raj successfully graduated in law (Graduate Diploma in Law) and went on to obtain a barrister’s qualification (Dip Bar) in 2007. Subsequently, Raj formed the niche medicolegal practice ‘Medic-Law’ in Manchester, and up to now, has been involved in an array of legal cases from employment tribunals, General Medical Council to the High Court.

Through his experience Raj discovered that the empirical distinction of legal issues as ‘employment’ or ‘regulatory’ and subsequent representation by two separate organisations (trade union and medical defence organisations) increases the risk of an adverse outcome against doctors. Therefore, in order to reduce such real risks, Raj conceptualised a model defence organisation where the member was defended in employment as well as regulatory matters by the same representative, i.e. the ‘one-representative for both’ model, and based on the same, helped launch Medical Defence Shield (‘MDS’). Raj successfully followed this model as part of MDS and continues to represent a number of MDS’s members. However this model is no longer available to new members through MDS but given its success, Raj now intends to launch a new professional organisation based on this concept.

Raj now deals with all aspects of professional practice of doctors and dentists. A substantial amount of his work consists of representing doctors who are being investigated by the General Medical Council including appearances before Interim Orders Panel and Fitness to Practice Panel. Similarly, he represents doctors & dentists facing allegations and disciplinary hearings under ‘Maintaining High Professional Standards in the Modern NHS’ procedure. With a select group of lawyers and employment law experts, Raj also assists doctors in relation to claims before Employment Tribunals (e.g. race, sex or disability discrimination, unfair dismissal, claims against trade unions etc) and appeals at the Employment Appeal Tribunal. Raj has also assisted doctors in several claims of ‘breach of contract’ in the High Court. Among others, Raj’s notable experience includes appearing before FHSSA Panels and dealing with appeals to the STA and PMETB (now GMC).

Raj never hesitates in thinking ‘out of the box’ to understand a client’s position and does not just restrict himself to conventional wisdom. He is known for standing up for his clients and fighting fearlessly and tenaciously where necessary.

A list of notable cases which Raj has been involved in and which have been completed are set out below:

[1] Chaudhary v Royal College of Surgeons

Chaudhary v British Medical Association (1)

Chaudhary v Specialist Training Authority

Chaudhary v Secretary of State for Health (1)

Chaudhary v Secretary of State for Health (2)

Chaudhary v British Medical Association (2)