Anthony Haycroft successfully defends a GP before a Medical Practitioners Tribunal
1st July 2022
Anthony Haycroft successfully defended a GP before a Medical Practitioners Tribunal in a 10 day listed case of alleged digital and metal speculum instrument intimate examination in the presence of her boyfriend on a single occasion. It was further alleged the examination was consented to by deception by giving the patient a false reason to carry it out and so there was not only an allegation of sexual motivation but one of dishonesty. The doctor denied conducting any form of intimate examination whatsoever, only an abdominal one. The complainant and her boyfriend gave evidence as did the doctor. It was agreed that an intimate examination in the circumstances of her presenting complaint was not clinically indicated and so, if conducted sexual motivation and dishonesty were likely to follow.
The MPT noted various inconsistencies in the evidence of the complainant and her boyfriend as highlighted by the defence and which caused them “real concern” and “troubled” them. The Tribunal also noted the defence evidence that the practice had no metal speculums available and their use in a GP setting was not known by the GMC expert “for some years.”
On the other hand the Tribunal noted the GMC expert agreed with the defence that “given the presentation, history and examinations conducted the noted actions of [the doctor] were reasonable as was his management plan and he agreed that the clinical note was “clear, coherent and reasonable…”
In addition they stated:
“That note is consistent with the account that [the doctor] gave to the Tribunal concerning what had occurred during the consultation.”
The Tribunal found every allegation not proven, no misconduct was found and the doctor’s fitness to practise was, accordingly, found not to be impaired.
Anthony Haycroft was instructed by Tracy Sell-Peters and Rebecca Dymott of DWF Law LLP, London.
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