An NHS Tayside doctor who admitted to pulling sickies to work in private clinics will be allowed to return to unrestricted practise.
Dr Simon Thomas, who was a surgeon at NHS Tayside, was suspended from the profession for 12 months at a hearing held last year.
The Medical Practitioner’s Review Service (MPTS) hearing this week ruled his fitness to practise is no longer impaired and that he is fit to return to work.
However, NHS Tayside confirmed that Dr Thomas was dismissed in November 2021.
Registration suspended
Dr Thomas’ fitness to practise was previously found impaired by reason of misconduct and his registration was suspended until June 7, 2022.
He had admitted to undertaking clinics at two BMI private hospitals – Fernbrae in Dundee and Kings Park in Stirling – in 2019.
He did this while working as a consultant orthopaedic surgeon at Perth Royal Infirmary for the NHS, where he could earn between £82,000 and £110,000 a year.
At the original tribunal it was found Dr Thomas failed to notify NHS Tayside that he also practised privately at the two private clinics.
‘You carried out clinics at Kings Park whilst you were on paid sick leave from NHS Tayside on April 4, 10, 17 and 18, 2019’, it noted.
Operational medical director for NHS Tayside, Professor Colin Fleming, had held a meeting with Dr Thomas after becoming suspicious of his whereabouts.
Dr Thomas had told Professor Fleming he would be unable to meet with him on one occasion as he had to pick up a family member.
Extensive evidence of remediation
However, Professor Fleming was then made aware that Dr Thomas had been at BMI Fernbrae in Dundee performing private clinics that day.
At the review hearing, the tribunal took into account all the evidence received and Mr Thomas also gave evidence.
On behalf of the General Medical Council (GMC), Mr McPhie, counsel, submitted their position as neutral with regard to Mr Thomas’ fitness to practise.
He said extensive evidence of remediation had been received and Mr Thomas had submitted detailed reflective documents, demonstrating the doctor’s current level of insight.
He added that Mr Thomas had given reassurance under affirmation he would not repeat his previous conduct.
Significant time to reflect
Mr Thomas’s representative Mr Mawby told the tribunal the doctor has worked very hard to remediate and would not repeat his behaviour.
As well as having spent a significant time to reflect, Mr Thomas has engaged in a variety of remediation activities.
Mr Thomas is ashamed of his behaviour, he adds, had offered his apologies to the people involved and had demonstrated regret in his actions.
The tribunal noted Mr Thomas had kept his medical knowledge up to date including Continuous Professional Development and had undertaken a number of relevant courses.
They ruled Mr Thomas has done all he can to address the issues raised, and the public interest ground in the case had already been satisfied by the findings of impairment and sanction by the 2021 tribunal.
In all of the circumstances, the tribunal determined Mr Thomas’ fitness to practise is no longer impaired by reason of misconduct.
Mr Thomas, whose suspension expires on June 7, 2022, was approached for comment.
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