Fiona Robertson represented a doctor who engaged in a sexual relationship with a vulnerable patient under his care. During the course of the personal relationship, he prescribed controlled medication including strong painkillers to the patient and failed to record this in her medical records or inform her GP of the same.
Although the bulk of the allegations were admitted Fiona was able to demonstrate that several of the vulnerabilities contented for by the GMC were not made out on the evidence and/or the doctor was unaware of many of the patient’s vulnerabilities at the time he commenced the relationship. She was also able to demonstrate a significant context to the offending that involved the patient blackmailing the doctor and that he was under significant stress at the relevant time which impacted his judgment.
The MPTS accepted that the doctor was a credible witness who had demonstrated a high level of insight, remorse and remediation. It was also accepted the doctor is a highly specialised neurosurgeon whose erasure would have had a devastating impact on thousands of patients reliant on him for their ongoing care and the wider NHS. Fiona argued that despite the seriousness of the allegations a review of the relevant case law demonstrated that erasure was not inevitable and this was not a case in which the risk to public protection was so grave that only erasure could suffice given the material and unusual context to the misconduct.
The tribunal concluded that although there were two forms of misconduct – clinical and sexual – and all three limbs of public protection were engaged the seriousness could be marked by a period of suspension and that erasure would be a punitive and disproportionate response to the concerns raised in the case
The doctor was suspended for a period of 8 months and concluded no review hearing was necessary
Fiona was instructed by Anna Lyp at Bevan Brittan LLP.
The case has been reported in the national press:
Fiona Robertson