On 16th February, the MPTS cleared a doctor of sexual assault on a 65 year old female patient. The Doctor was represented by Miles Bennett, instructed by Katherine Sheldrick of Hempsons and supported by the MDU. The GMC alleged that the doctor had sexually assaulted the 65 year old female patient who had attended A & E suffering from shoulder and chest pains. The matter had been reported to the police and the CPS who had refused charge. The allegations were then referred to the GMC.
The GMC Case Examiners originally declined to refer the matter to a Fitness to Practice Hearing. The GMC overturned this decision and re-opened the case. The Doctor unsuccessfully sought to judicially review the re-opening of the case and the Fitness to Practice committee heard the case between 13th and 17th February.
The Committee found all the GMC’s allegations “not proved” with the exception of an allegation that the doctor had “failed to adequately and appropriately examine” the patient.
Having heard further submissions from Miles the MPTS found that the doctor’s fitness to practice was not impaired and declined to issue a warning.