Trini doctor loses in Privy Council

A TRINIDADIAN doctor who was found guilty of serious professional misconduct in England last year, has lost his appeal before the Judicial Committee of the Privy Council.

The Privy Council, comprising Lords Steyn, Millett and Sir Phillip Otton, handed down its decision on Tuesday against Kevin Francis Gangar, an island schol winner, who was found guilty of serious professional misconduct on January 25, 2002 by the Professional Conduct Committee (PCC) of the General Medical Council in England. The PCC investigates allegations against medical practitioners in the United Kingdom. Anyone dissatisfied with decisions can appeal directly to the Privy Council.

Sir Phillip Otton, who delivered the judgment, said the Board dismissed the appeal with costs and agreed with the decision of the General Medical Council that Gangar’s registration as a medical practitioner should be conditional on the appellant’s compliance, for a period of three years, with certain requirements specified in the direction. Jean Ritchie QC appeared for Gangar, while Mark Shaw QC represented the General Medical Council. According to the Privy Council, Gangar has had an impressive career in medicine. He was born and educated in Trinidad winning a scholarship to Sidney Sussex College, Cambridge. He did his clinical studies at Addenbrookes’ Hospital, Cambridge, qualifying in 1980. He attained Fellowship of the Royal College of Surgeons of Edinburgh in May 1986 and membership of the Royal College of Obstetricians and Gynaecologists in March 1987. He was appointed consultant in obstetrics and gynaecology at Ashford Hospital, Middlesex on December 1, 1993.

Gangar faced a number of allegations spanning almost three years in the course of his work as a consultant at Ashford Hospital. He admitted most of the allegations before the Professional Conduct Committee. At the end of the Committee’s deliberations, the chairman said: “Your behaviour over a three-year period was a gross departure from professional standards. The charges reveal evidence of deficiencies in your clinical skills, research skills and integrity, and severe deficiencies in your interpersonal skills. “In view of the findings, the Committee are in no doubt that your conduct fell far below that required of a medical practitioner and you have therefore been found guilty of serious professional misconduct.” The Committee directed that, both for the protection of members of the public and for Gangar himself, for three years, his registration shall be conditional.

In one instance, the Committee heard that Gangar put pressure on a female doctor to change her notes. Further, it was alleged that Gangar threatened to adversely influence the woman’s career. Gangar’s attorney challenged this allegation, but the Privy Council did not budge. The Privy Council found that the Professional Conduct Committee acquitted Gangar of the more serious allegation of pressurising a colleague to change her medical notes in order to deflect criticism from himself. Sir Otton added: “In doing so, the PCC did not step into the role of prosecutor or in any way compromise its independence.”

Evidence also showed that on May 3, 1996, Gangar behaved in an unprofessional manner towards members of the North West Surrey Local Research Ethics Committee who were considering his application for approval of a research protocol in relation to the effects of Tamoxifen on carotid blood flow. It was also alleged that between February 1996 and November 1997, Gangar delegated to Vanessa Dutton duties in relation to the performance and reporting of diagnostic ultrasound scans at the Early Pregnancy Unit. That delegation, according to the PCC, was inappropriate  in that Vanessa Dutton did not have adequate training, qualifications or experience in the use of diagnostic ultrasound scans in early pregnancy.

Concerns as to misdiagnoses were raised at a radiologist meeting, but according to the PCC, Gangar became hostile and aggressive towards his colleagues, stating that a “trained monkey” could perform the scans. It was also proved that Gangar failed to ensure that Vanessa Dutton ceased to carry out scans after the meeting.