Fitness to practise committee makes no findings after allegations against doctor unproven

Allegations that anaesthetist inappropriately touched four patients under sedation in genital area

19/03/2013 - Archive - stock - General View - GV  -  Sign at Medical Council Office  Kingram House, Kingram Place,  Dublin 2. 
Photo: David Sleator/THE IRISH TIMES
Counsel for the Medical Council chief executive said she did not propose to call any of the patients as witnesses, as they were under sedation at the time. Photograph: David Sleator

A Medical Council fitness to practise committee has made no findings of fact or misconduct regarding allegations that an anaesthetist inappropriately touched, in the genital area, four patients under sedation at Naas General Hospital in 2016 and 2017.

During the inquiry hearing on Friday, it was alleged that Dr Aamir Zuberi, while working as an anaesthetist at the hospital, inappropriately touched four patients under sedation in the groin area when there was no clinical reason to do so.

It was alleged that the incidents of inappropriate touching occurred between May 2016 and December 2017.

It was further alleged that this amounted to poor professional performance and professional misconduct.

Remy Farrell SC, for the chief executive of the Medical Council, told the committee he would not be calling any evidence as the chief executive felt she could not prove the allegations beyond a reasonable doubt.

He further told the inquiry that the chief executive did not propose to call any of the patients as witnesses, as they were under sedation at the time.

Farrell also referenced an expert report, which said that there may have been reasons for an anaesthetist to have their hands in the groin area. Farrell said that Zuberi, in one of his responses to the council, had suggested this.

The allegations against Zuberi were the subject of an RTÉ Investigates documentary aired on Prime Time in 2021.

The doctor was put on administrative leave after concerns were raised.

In March 2018, following an application by the council, the High Court made an order that included an undertaking by Zuberi not to engage in the practise of medicine until resolution of the complaints before the council.

Jim O’Sullivan, chairing the inquiry, which was held online, stated that the committee was satisfied the registrant had been served with notice of the proceedings and that it had made no findings of fact or misconduct.

Frank Beatty SC, legal assessor, said the inquiry could proceed in circumstances where there would be no prejudice to the registrant, as no evidence was being adduced.

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