06-08-2013

Khan v General Medical Council [2013] EWHC 2187

The doctor went through fitness to practise proceedings and was found guilty of misconduct and his fitness to practise was found to be impaired. The allegations arose out of his undertaking cosmetic surgery upon a female patient and concerned unreasonably inducing her to undertake surgery on the basis of financial inducements by way of discounted treatment via an email of a third party the doctor had not seen, not having a suitably trained individual present during the procedure to monitor patient safety and make records and failing to ensure administration of appropriate sedative medicine and record vital signs. Also failure to provide appropriate after care and follow up monitoring. The appeal was brought under section 40 of the Medical Act 1983.

The case illustrates again the fact that an appeal court will seldom interfere with findings of fact made by a Tribunal whose function and role was as a specialist forum where Panel members possess the relevant skills and expertise. They are considered,  therefore , as well placed to make appropriate determinations and especially with regard to what is expected of members of the medical profession. They have the benefit of hearing and seeing witnesses and are able to make findings of fact and most importantly a value judgment. The court will only interfere where such findings on the evidence were plainly wrong. In this case they had made findings that were considered coherent reasonable and right and after careful consideration of the evidence before them.  The conditions imposed were for 12 months.