![AC-2024-MAN-000469 - [2025] EWHC 2049 (Admin)](https://backend.juristeca.com/files/emisores/logo_fi51A75.png){kind=logo}
The factual background
The factual background
Background
The Appellant qualified as a doctor in 1986. He became a registered consultant anaesthetist. At the time of the alleged events he was working at St Thomas’s Hospital, part of Guy’s and St Thomas’s Hospitals Trust (“the Trust”) in London.
On 9 August 2019 Patient A attended at the hospital to have his gallbladder removed. The surgery was due to start at 12.30 pm but was delayed by over 2 hours. Patient A was assessed for surgery and explained that he did not like needles. This information was conveyed to the Appellant and other colleagues in the operating theatre. Patient A was taken into the operating theatre. When cannulation failed the Appellant decided to use a gaseous induction.
It was alleged that while the gaseous induction was being attempted, the Appellant slapped Patient A. Various other allegations were made about the Appellant. A Trust investigation and criminal proceedings followed. The Appellant was found guilty of assault in the Magistrates’ Court but his conviction was overturned on appeal to the Crown Court.
- Heading
- Introduction
- The factual background
- The fitness to practise hearing
- Evidence relevant to paragraph 1a of the Allegation relied on by the Respondent
- The no case to answer submission and the Tribunal’s determination on it
- The Appellant’s evidence
- The Tribunal’s determination at the conclusion of the evidence
- The legal framework
- Appeals challenging findings of fact
- The assessment of witness evidence and the giving of reasons
- The grounds of appeal in overview
- Grounds 1-3
- Ground 4
- Grounds 5 and 6
- Conclusions