Radiologist is cleared of missing patients' cancer

A DOCTOR who missed cancers in nine patients who later died was cleared yesterday of serious professional misconduct, after a disciplinary tribunal ruled that his hospital was to blame for safety failings.

Dr Francis Smith, a consultant radiologist, had admitted giving 40 patients the all-clear on the basis of "incomplete and inadequate" bowel scans over a three-year period at Woodend Hospital, in Aberdeen.

The General Medical Council’s professional conduct committee heard that Dr Smith was a world expert in the field of magnetic resonance imaging, but was 18 years out of practice when it came to undertaking the X-rays.

Despite that, Dr Smith was not made to retrain in carrying out the scans and the hospital had no system in place to check his work. As he repeatedly botched scans, none of his colleagues saw anything wrong with the X-rays, or his reports on patient examinations.

Dr Smith, of Cults, Aberdeenshire, had faced being struck off the medical register if found guilty of serious professional misconduct, a charge he had always strenuously denied.

As the case entered its second week, the committee accepted the arguments of his barrister, Nicola Davies QC, that there was no case to answer and cleared him of the charge.

Their decision spared Dr Smith having to give evidence in his defence, and means he is free to continue practising at the hospital. He has never been suspended, despite an internal inquiry by Grampian Healthcare NHS Trust and an outside review by the Royal College of Radiologists. But he no longer carries out the bowel scans - known as double contrast barium enemas.

Professor Wendy Savage, the committee chairwoman, said that although Dr Smith had blundered repeatedly, he had not neglected his "professional responsibilities". She criticised the hospital for failing to ensure it had formal checks in place to monitor the radiologist’s work.

She told Dr Smith: "Although you have admitted to not achieving the highest standard in the performance of barium enemas, there is no evidence that this was due to disregard of your professional responsibilities.

"For three years, the geriatrician and your radiological colleagues did not express any concerns about your work, although no formal audit of the service was taken. With hindsight, this decision can be questioned."

Dr Smith said: "This has gone on for far too long. Otherwise, I have no further comment."