‘Imposing a warning is necessary’ – tribunal

ISSUING a warning to Dr Shokouh-Amiri aims to uphold public confidence in medical professionals, the tribunal said in its ruling.

However, they stopped short of stopping him from practising.

Warnings are issued as a last chance, where any further repetition of unacceptable behaviour is likely to result in medical professionals ruled as having impaired fitness to practise.

‘The tribunal had regard to whether a finding of impairment was necessary on public interest and patient safety grounds in order to uphold proper professional standards,’ the tribunal report said.

‘It reminded itself of the finding it had made in relation to misconduct and the fact that these issues had been the subject of regulatory proceedings. The tribunal considered this finding of misconduct, and these proceedings are sufficient to highlight to the wider profession that Dr Shokouh-Amiri’s conduct was unacceptable.’

The tribunal took into account the positive testimonials, lack of previous issues and changes in practices by the doctor.

‘However, the misconduct was not isolated because of repeated failures to have a chaperone during gynaecological examinations.’

Dr Shokouh-Amiri’s counsel Ben Rich argued that a warning was not necessary or proportionate. But the tribunal disagreed, as they felt a warning would uphold public confidence in the medical profession and the regulatory system.

‘The tribunal also considered that a warning was appropriate to mark proper professional standards,’ the report said.

‘Imposing a warning is necessary and proportionate. It strikes a fair balance between the competing interests of the GMC’s regulatory role and Dr Shokouh-Amiri’s interests.’

The tribunal felt the warning would act as a deterrent, and a reminder to Dr Shokouh-Amiri and the profession as a whole that his conduct fell below the standard expected and that a repetition was likely to result in a finding of impaired fitness to practise. Further, it considered that that it was necessary to reinforce the importance of maintaining proper conduct.

The findings

Obstetrician and gynaecologist Ali Shokouh-Amiri worked in the island for the MSG from 2016 to 2019, and faced a range of accusations relating to six local patients under his care in 2017 and 2018.

The tribunal found that on various dates between October 2017 and December 2018 he failed to have a chaperone present on multiple occasions while performing intimate examinations on various patients.

It was admitted and found proved that he removed two patients’ ovaries without consent.

He also admitted failing to arrange investigations into a patient's heavy irregular periods and for an endometrial polyp. It was also determined he had suggested that they join him in the gym.

The conduct did not meet with the standards required of a doctor and amounted to misconduct.