Misconduct doctor keeps job despite death of OAP

A SENIOR consultant at a Scottish hospital is to be allowed to continue to practise, despite admitting misconduct over the death of an elderly patient.

A General Medical Council (GMC) panel decided Dr Ken Graham had expressed "genuine regret" about the death of Eileen Peterson six years ago and had learned enough lessons to be permitted to carry on working as a consultant physician.

After four days of evidence and submissions, the panel yesterday told Dr Graham there was "no doubt that the gravity of your misconduct would have resulted in a finding that your fitness to practise was impaired at the time".

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However, they said he had been through "what can only be described as a chastening learning experience" over the ensuing six years, including three inquiries into Mrs Peterson's death, and had improved his own and the hospital's standards of practice.

The 84-year-old was admitted to Gilbert Bain Hospital in Lerwick, Shetland, on 8 March, 2005, with a chest infection and released the following day with a prescription for oral amoxicillin. She died five hours later from pneumonia.

A fatal accident inquiry in 2006 cleared Dr Graham and NHS Shetland of any responsibility for her death.

However, in 2009, after a two-year inquiry, the Scottish Public Service Ombudsman decided Mrs Peterson had been let down and demanded the health board apologise to the family.

During the fitness-to-practise hearing in Manchester, Dr Graham admitted he had failed to provide adequate care for Mrs Peterson during her 24 hours in hospital, and that his discharge notes were inadequate, as they failed to mention any chest infection or pneumonia.

But he was cleared of deliberately misleading the fatal accident inquiry by telling Sheriff Principal Sir Stephen Young that he had diagnosed pneumonia and this had been incorrectly recorded in her medical records.

The GMC panel took account of a "glowing testimonial" for Dr Graham from NHS Shetland's director of public health, Sarah Taylor, along with many positive comments from fellow doctors.

They noted that as medical director with NHS Shetland from 2006 to 2010, he had to review and scrutinise complaints against other clinicians, which provided "an opportunity to reflect on your failings".

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Dr Graham told the panel he had made several improvements to clinical systems within the hospital, including ensuring high standards of note keeping, an early medical warning system, reliable discharge letters and fortnightly meetings to analyse critical incidents.

"The panel is satisfied that you have demonstrated substantial insight and remedied your clinical failings," it said.

"The panel is of the view that these proceedings have had a salutary effect upon you and that it is highly unlikely that you would repeat such behaviour."

The panel also decided there was no need to impose a warning on Dr Graham's registration.

Mrs Peterson's son, Michael, welcomed the fact Dr Graham's actions had been determined to amount to misconduct. He said: "This should properly now be a time of quiet reflection for both Dr Graham and the board."