Warning for Shropshire doctor who made rape joke

A doctor who joked that rape victims should “enjoy it” and that an elderly patient should be dead has been handed a warning.

Dr Sameer Khan had been working as a locum consultant in acute medicine at the Royal Shrewsbury Hospital when he made the comments to a junior female colleague, a misconduct hearing was told.

The Medical Practitioners Tribunal Service hearing concluded that Dr Khan had committed gross misconduct, but accepted that he had changed his behaviour since the allegations came to light and should be allowed to continue to practice.

The panel also ruled that Dr Khan had no case to answer in respect of separate allegations that he had asked junior doctors to falsify patient records, saying there was not sufficient evidence.

The Shrewsbury and Telford Hospital NHS Trust (SaTH) confirmed Dr Khan had not worked there since the allegations were made in 2019.

A report on the hearing says Dr Khan accepted he made a comment to the effect of, “If you are being raped, why fight it? Why not enjoy it?”, to a female junior doctor identified as Doctor A.

Dr Alexis Dite, counsel for the General Medical Council (GMC), told the hearing that Dr Khan’s colleagues and seniors “considered that the rape comment alone was outrageous and was enough to end his contract at the hospital”.

Dr A was, in her own words, “shocked” and “alarmed” by the  comment, Dr Dite added.

The report says: “Dr Dite emphasised the need to bear in mind that the comment was said by a senior male consultant to a female junior doctor.

“He submitted that this comment was inherently unacceptable, fell seriously below the standards expected and amounted to misconduct.”

The panel found the allegation proved on the basis of Dr Khan’s admission.

However Dr Khan did not accept that he had joked to Dr A on a separate occasion that an elderly patient should be dead.

The report says Dr A gave evidence at the hearing and told the panel that Dr Khan had said, when discussing a patient in her late 80s, words to the effect of “how old is she? She should be up there”, and pointed up to the sky. It adds that Dr A was “adamant” that Dr Khan had made the comments.

The panel found the allegation proved, saying it considered Dr A’s account “more credible and convincing” than Dr Khan’s denials.

Dr Dite submitted that the two proven allegations meant Dr Khan’s fitness to practice was impaired as a result of misconduct.

Mr Chris Gillespie, counsel for Dr Khan, said he accepted that the rape comment amounted to misconduct but submitted that the comment about the elderly patient did not.

He added that the comments were not made within earshot of any patients or visitors, and were “attempts either to be humorous or to create a more relaxed and informal atmosphere for junior doctors”.

The report says: “Mr Gillespie submitted that Dr Khan has demonstrated insight and remediation and understands the upset he caused, and that his comments do not reflect a deep-seated or sinister attitudinal problem.”

The panel said both allegations amounted to serious misconduct, but ruled that Dr Khan’s fitness to practice was not impaired on the basis that his behaviour was “remediable”.

Dr Khan had provided written reflections, had attended a three-day ‘boundaries’ course, and “no longer tries to use humour to lighten the tension” at work, the report says.

Nevertheless, the panel issued Dr Khan with a warning, “to send a message to the profession as a whole and the wider public that such behaviour is unacceptable”.

In respect of other allegations that Mr Khan had asked Dr A and another colleague to falsify patient records, Mr Gillespie submitted that Dr Khan had no case to answer.

The two junior doctors had alleged that when accompanying Mr Khan on ward rounds, he had instructed them to record that he examined patients when he had not, and to copy the previous entries made by the last doctor to see the patient.

The report says Mr Gillespie submitted that these allegations were not backed up by documents such as patient records, and there was no evidence as to whether the patients concerned needed to be examined or not.

The panel accepted Dr Khan had no case to answer.

Dr John Jones, executive medical director at SaTH, said: “Dr Sameer Khan worked as a locum at our trust from 3 June to 8 November 2019 and following an internal investigation, his role with us ended. We assisted the GMC fully with its enquiries.”