Anthony Haycroft has successfully defended a locum general practitioner at a ‘fitness to practice’ hearing brought by the General Medical Council
The case was exceptionally heard in London rather than Manchester due to the ill health of the doctor. The doctor faced allegations that he carried out a sexually motivated examination of a patient during a purported stomach examination and then made false entries in her medical records to cover his tracks. The GMC refused to call evidence from a witness who saw and spoke to the patient both before and after the consultation and also spoke to the doctor afterwards. Following a submission by Mr Haycroft that the doctor was not obliged to call such a witness himself but that such a witness could give relevant evidence as regards what was said by both the doctor and the patient and their demeanour, the Panel agreed and ruled that the witness should be called. The doctor also gave evidence and the Panel found he “gave clear, precise evidence in a measured manner” whereas it “did not consider the patient to be a reliable or consistent witness”.
As a result all charges were found not proven and the doctor’s fitness to practice was found not to be impaired.
Anthony Haycroft was instructed by Judith Duffin of Berrymans, Lace Mawer of London and Dr Zaid Al-Najjar of the Medical Protection Society.