A doctor erased following allegations relating to sexual misconduct has lost his appeal against the sanction.
In Shabir v General Medical Council  EWHC 1772 (Admin) (13 July 2023), the doctor appeared before a Medical Practitioners Tribunal (“the Tribunal”), facing an allegation of sexual misconduct during his consultation with Patient A on 23 September 2019.
The Tribunal found that the doctor’s fitness to practise was impaired by reason of his misconduct and directed that his name be erased from the medical register. The doctor appealed against the Tribunal’s findings of fact.
Grounds of Appeal
The doctor sought to appeal the determination on 5 grounds, although Mrs Justice Hill noted that “the first four of which overlapped” and representation for the doctor argued that “…the errors made out in the first four grounds also needed to be considered cumulatively.”
Hill J refused the appeal on all the grounds, stating that:
“On that basis, once the Tribunal had accepted Patient A’s evidence as to the Appellant’s touching of her breasts, in light of the totality of the evidence, it was entitled to conclude that there was an absence of clinical justification and other plausible explanation for it.
The Tribunal had given appropriate consideration to the Appellant’s good character as explained in respect of Ground 4.
Accordingly, for these reasons, despite the comprehensive submissions from Ms Horlick and Mr Ainsworth, this appeal is dismissed.
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