An accident and emergency hospital doctor who called a patient a “motherf***er” and struck him on the face and head has been suspended for three months, with conditions to be attached to his registration following the suspension.
The president of the High Court, Mr Justice Peter Kelly, confirmed the Medical Council decision to suspend Dr Zekria Bakhshi, and impose the conditions, arising from findings by a fitness to practise (FTP) inquiry of professional misconduct in his treatment of that patient, and of another patient, on separate occasions in 2017.
The judge said the doctor “can consider himself fortunate” he was not facing a strike off application given the seriousness of the matters involved.
The council had decided against recommending cancellation arising from submissions from his solicitor including no doctor has taken issue with the clinical skills of Dr Bakhshi and he has learned from the incidents.
The doctor, who had not appealed the proposed sanction and conditions, was described by his solicitor as having a “tragic back story” and as a hard-working father of five who is ashamed of his behaviour on the occasions at issue.
Dr Bakhshi registered here in 2006 after re-educating and obtaining further qualifications here after coming here from Afghanistan in the mid 1990s. He was found guilty earlier this year by an FTP inquiry of professional misconduct after it was found he acted rudely and inappropriately to a female patient in April 2017 after she asked him how many people were awaiting treatment before her.
He was found to have shouted at the patient, who attended for a head injury follow up. It was found he shouted at her “you have to wait, I already say that you have to wait or, if you don’t want to wait, just go” or words to that effect.
He was also found guilty of telling her he would call security to throw her out of the hospital and of refusing to attend or provide treatment to her.
Further findings of professional misconduct were made against him over an incident in July 2017 when another patient, also from Afghanistan, attended in pain with a dislocated shoulder. It was found the doctor made threatening or inappropriate comments to that patient, including “you f***ing Pashtun” and “motherf***er” or words to that effect, and “Now you will see how I will fix your shoulder”, or words to that effect.
Finding of misconduct were also made over the doctor having disclosed details of that encounter to his wife and son.
The Medical Council agreed with the FTP committee the conduct was professional misconduct under the disgraceful and dishonourable standard. While working in accident and emergency departments can be stressful, a doctor in emergency medicine should be able to deal with difficult situations without resorting to abusive language and violence, it said.
It recommended suspension with conditions including requiring the doctor to formulate and implement a professional development plan to address identified deficiencies in areas of his practise, including communication with patients.
When confirming the suspension and conditions on Monday, Mr Justice Kelly said the misconduct was all the more serious because it occurred in an emergency department where people “certainly do not go in expecting such treatment”.
