A FAMILY doctor has launched an appeal on a ruling she was guilty of serious professional misconduct because she sent home an eight-year-old asthma sufferer who later died.

Dr Julie Mallon, 39, also claims a three-month suspension imposed on her by the General Medical Council was "inappropriate and unnecessary".

The GP was the on-call doctor at Cumbernauld Health Centre in August 2002 when Michelle Hynes brought in her son Owen Charleston, who was suffering an asthma attack.

Owen, of Greenfaulds, was sent home after treatment, but his condition worsened and he was taken to hospital, but died.

Dr Mallon, of Blanefield, Stirlingshire, was later brought before a GMC panel that decided, after a hearing, her conduct "fell seriously short of the standards expected of a general medical practitioner".

But the doctor has now challenged the finding in an appeal at the Court of Session, Edinburgh.

Her counsel, Paul Cullen, QC, said the substance of the case against her was that by her failure in a number of respects to provide proper medical treatment she caused or contributed to Owen's death and that she gave dishonest evidence to a later fatal accident inquiry.

But it is maintained the GMC acquitted her of all aspects of the charge relating to this and the matters found proven were insufficiently grave to amount to serious professional misconduct.

Dr Mallon maintains there was no evidence her conduct caused patient harm, that it was an isolated incident and there has been no repetition of the behaviour.

The hearing continues.