Fitness to practise panel clears GP after it found accuser’s evidence “implausible”BMJ 2014; 349 doi: https://doi.org/10.1136/bmj.g5883 (Published 25 September 2014) Cite this as: BMJ 2014;349:g5883
A GP has been cleared of misconduct after a fitness to practise panel found the evidence of the fellow GP who reported him to the General Medical Council to be “wholly implausible.”
In his evidence to the GMC Mahmood Hossain, 72, said that Allswell Eno had accused him of being an alcoholic who was drunk at work, threatened to have him struck off, and assaulted him, throwing him through the door of his consulting room. But a panel of the Medical Practitioners Tribunal Service in Manchester found “numerous inconsistencies” between Hossain’s oral evidence, his referral letter to the GMC, and his witness statement.
Hossain, who was working as a locum GP at Trinity Medical Centre in Balham, south London, admitted that he was annoyed when Eno, who qualified in 1989 and had been a GP there for nearly 11 years, took him to task for parking too close to the practice’s entrance and of signing prescriptions at the front desk near two patients and a medical student.
The disagreement continued as the pair walked upstairs to Hossain’s consulting room, where he claimed that Eno pushed him against a wall and through the door of the room, causing him to fall on the floor. Two partners in the practice, Prakash Shah and Sajid Qaiyum, also saw Hossain on the floor.
But the panel deleted this allegation part way through, deciding that the evidence that it happened “wholly lacked clarity.” The panel’s chair, Vicki Harris, told Eno, “Dr Hossain was unable to explain how he had been pushed out of a room and had then ended up lying or slumped against a doorway some 8 feet from the room from which he claimed he had been ejected. His account of the incident with you was wholly implausible.”
Eno denied saying that Hossain was drunk and told the panel that he did not detect any alcohol on the locum’s breath. He said he had remarked when Hossain was lying on the floor that he looked like someone who was drunk. Shah and Qaiyum both testified that Eno had accused Hossain of being drunk, but Shah accepted under cross examination that Eno may indeed have said that Hossain was behaving like a drunk rather than accusing him of being drunk.
As for Qaiyum, Harris said that the panel was unable to rely on any of his evidence. “The panel heard that in December 2013 Dr Qaiyum had fabricated evidence in an attempt to prove a fictitious complaint against you,” she told Eno. “Dr Qaiyum persisted with this alleged complaint until he realised that a full investigation would produce evidence which would prove that he had lied.
“In light of this fabrication and his further lies to cover up his deceitful behaviour, and bearing in mind the purpose of his premeditated dishonesty was to besmirch your reputation as a doctor, the panel was unable to rely on any of the evidence from Dr Qaiyum at this hearing.”
In his witness statement Hossain said that he had been psychologically affected by the incident in April 2013 and had left the practice the next month as a result. He neglected to say that in May 2013 he was suspended from practice by an interim orders panel of the tribunal service. He has since relinquished his registration.
Cite this as: BMJ 2014;349:g5883