PDF document

A
B
PUBLIC
C
D
FITNESS TO PRACTISE PANEL OF THE
MEDICAL PRACTITIONERS TRIBUNAL SERVICE
13 MARCH 2014
7th Floor, St James’s Buildings, 79 Oxford Street, Manchester, M1 6FQ
Name of Respondent Doctor:
Dr Huw EVANS
Registered Qualifications:
MB BS 1984 University of London
Area of Registered Address:
Isle of Wight
Reference Number:
2891419
Type of Case:
Review case of impairment by reason of:
misconduct; XXX
Panel Members:
Dr M Groom, Chair (Medical)
Dr F Yusuf (Medical)
Dr M Vickers (Lay)
Legal Assessor:
Mr J Calladine
Secretary to the Panel:
Ms P Gargiulo
E
F
Representation:
GMC: Mr Paul Williams, instructed by GMC Legal
Doctor: Present but not represented
G
The panel agreed, in accordance with Rule 41 of the General Medical Council
(Fitness to Practise) Rules 2004, that the press and public be excluded from the
hearing as the matters under consideration were deemed confidential.
Determination on impaired fitness to practise
H
Dr Evans:
A
B
C
Hearing in private
1.
At the beginning of this hearing, Mr Williams, Counsel for the GMC, submitted
that this hearing should be held in private as the matters under consideration
involve the disclosure of information relating to XXX. You agreed.
2.
The panel, in accordance with Rule 41(3)(b) of the General Medical Council
(GMC) (Fitness to Practise) Rules 2004 (the Rules), determined that, as there
are matters involving XXX which are likely to be discussed throughout this
hearing, the hearing should proceed entirely in private.
3.
This determination is being read in private but a public version, with those
sections relating to XXX redacted, will be published.
Background
4.
In March 2012 a Fitness to Practise Panel found that your fitness to practise
was impaired by reason of your misconduct XXX. The panel made an order of
Conditions on your registration for a period of two years. This is the first
review of your case.
5.
This panel has considered the history of your case.
6.
In May 2010, while employed as a general practitioner at the Beacon
Healthcare Centre, Isle of Wight, you engaged in sexual intercourse with
Ms A, a former patient, in your consulting rooms. This incident was witnessed
by a colleague who reported the matter. You admitted that the incident had
occurred. The panel in March 2012 found that this constituted serious
misconduct and that your fitness to practise was, at the time of the hearing,
impaired as a result of your misconduct.
7.
In June 2010 you were interviewed by Dr B about the incident involving Ms A.
During this interview you admitted to lying to your medical supervisor about
your financial position. The panel found that while this behaviour was
inappropriate, it was neither dishonest nor constituted misconduct.
8.
XXX.
9.
XXX.
10.
The panel considered that an appropriate and sufficient sanction to address
XXX your misconduct XXX was the imposition of Conditions on your
registration for a period of two years. The panel requested a review of your
case towards the end of this period. You were informed that the review panel
would be assisted by receiving the following:
D
E
F
G
H


XXX
Reports from any workplace reporter(s)
2
A

11.
This panel has reviewed your case and has considered, in accordance with
Rule 22(f) of the General Medical Council (Fitness to Practise) Rules Order of
Council 2004 (the Rules), whether your fitness to practise remains impaired.
It has considered the submissions made by Mr Williams, on behalf of the
GMC, and those made by you. It has also taken account of all the
documentary and oral evidence placed before it.
12.
XXX.
13.
XXX.
14.
XXX.
15.
XXX.
16.
As you have not been working since your last hearing, no workplace reports
have been provided. However, the panel has noted correspondence from
members of NHS Isle of Wight (the PCT) and Wessex Deanery.
17.
You were given notice in a letter dated 3 April 2012 from Ms F, Non-Executive
Director & Chair of Contractor Performance Panel, the PCT, that it intended to
contingently remove you from the Medical Performers List and proposed to
impose conditions on you. These conditions were that you should comply
with the Conditions imposed by the Fitness to Practise Panel, XXX and that
you should accept a referral to the Wessex Deanery’s Return to Practice
Scheme.
18.
You attended a meeting at Wessex Deanery with Dr G, Director of GP
Education and Head of School, on 21 September 2012. Details of this
meeting, where you discussed taking part in the Return to Practice Scheme,
were sent to you in a letter from Dr G on 25 September 2012. An update was
sent to the GMC by Dr G on 11 March 2013 stating that you continued to
communicate with him and were booked in for a learning needs and
simulated surgery assessment. This was undertaken on 13 July 2013. Dr G
wrote to the GMC on 24 July 2013 with the feedback and scores you had
achieved and, on 5 August 2013, he clarified in an email to the GMC that you
had failed the requirements for a GP without restrictions for entry onto the
normal induction and refresher scheme, but could start a remedial training
placement. You saw Dr G again on 12 August 2013 to further discuss your
return to work programme and the possibility of finding you a placement. In
a letter received by the GMC on 23 December 2013, Dr G stated that he had
so far had no luck in finding you a placement. In an email dated 11 February
2014, Dr G confirmed that he had still not managed to find a placement for
you.
19.
XXX.
B
C
Evidence that you have kept your medical knowledge and skills up-todate
D
E
F
G
H
3
A
20.
XXX.
21.
XXX.
22.
You were asked whether you have kept your medical knowledge and skills upto-date. You told the Panel that you have recently undertaken 50 hours of
online CPD and other study and that you can provide evidence of this study if
required. You outlined several courses you have undertaken or are planning
with the Open University.
B
Submissions
C
23.
On the matter of misconduct, Mr Williams submitted that the GMC is neutral
and left it to the panel to decide on this aspect of your case.
24.
XXX.
25.
Your own submission on the matter of misconduct was that you have never
denied your actions of four years ago. You submitted that your misconduct
was provoked by XXX, which led to a loss of insight.
26.
XXX.
D
Panel’s decision
E
27.
Whilst the panel has borne in mind the submissions made, the decision as to
whether your fitness to practise is impaired is one for it to reach exercising its
own judgement.
28.
In relation to the material which the previous panel identified would be of
assistance to this panel, the panel considers that this has been provided as
far as you have been able. The GMC has not submitted that you have failed
to provide the information required.
29.
The panel considered whether your fitness to practise remains impaired by
reason of misconduct XXX.
30.
There is no evidence before the panel to suggest that you have failed to
comply with any of the Conditions imposed on your registration by the
previous panel. Furthermore there is no evidence before the panel to indicate
that the misconduct has been repeated or that there has been further
misconduct.
31.
The panel considered the matter of your misconduct and took account of the
GMC’s neutral stance on this matter as well as your own submissions. The
panel noted that you accept responsibility for your actions in 2010, that you
do not seek to apportion blame to anybody else, XXX. The panel also notes
that there has been no report of repetition of the incident and that a
F
G
H
4
A
B
considerable period of time has passed since then. The panel has determined
that your previous misconduct no longer impairs your fitness to practise.
32.
XXX.
33.
XXX
34.
XXX.
35.
The current order of Conditions is revoked.
36.
That concludes this case.
C
Confirmed
13 March 2014
Dr M Groom, Chair
D
E
F
G
H
5

Download Report