Tribunal rules that there was an 'inherent implausibility' in the alleged incident :: Doctor may still face punishment for Poundland theft
A hospital doctor was today cleared of performing a sex act on a male patient - but still faces punishment for stealing chocolate from Poundland.
Dr Manav Arora had been accused of sexually assaulting the father-of-two after he attended the University Hospital of North Tees with a leg infection.
The heroin addict complained to his mother who was waiting outside, but Cleveland Police took no further action when the pair made statements more than three months after the incident.
Dr Arora told the Medical Practitioners Tribunal Service in Manchester that the consultation was unremarkable, but the man, referred to as Patient A, had become agitated when told he would have to stay in hospital.
In his statement to police the patient recalled being admitted to hospital with a 'big blister' and 'rotten' infection on his leg.
"I was laid on the bed. I think I had a hospital gown on and just my boxer shorts as I was drifting in and out of consciousness,' the statement said.
The man claimed the doctor then performed a sex act on him.
"I said 'What are you doing? I'm not gay,' the statement added.
The man claimed another doctor watched the door during the incident.
"I was totally shocked. I could not believe it. I immediately jumped up off the bed and left the room."
The tribunal was told that the patient left hospital with a drip still in his arm and police were later called to his mother's home.
He was readmitted to hospital two days later as the infection had got worse, the panel heard.
But the fitness to practise panel, chaired by Dr Edward Doyle, today found the doctor's account was more likely.
Dr Doyle said: "The panel is of the view that there is an inherent implausibility in the event alleged.
"The reasons for this include, the nature of the Patient A's condition, the fact that the alleged sexual assault must have occurred shortly after entering the cubicle and meeting Patient A for the first time, his intravenous drug use and the fact that his HIV status was unknown to you.
"The panel has also noted the practical issues that would arise should such an incident occur.
"These would include the possibility of somebody else entering the room during the assault which in a busy A&E department is likely."
He added: "The panel has found that the credibility of the evidence given by Patient A and Mrs B [his mother] can be challenged given the inconsistencies within it.
"The panel has found your evidence to be more reliable and consistent with the medical records produced at the time and now presented in evidence."
But the Indian doctor has admitted stealing £10 worth of chocolates and toys from Poundland in Castlegate Shopping Centre, Stockton, after he was caught by a security guard in October 2011.
The medic failed to inform the General Medical Council that he had accepted an £80 fixed penalty notice for the offence, contrary to the regulator's guidelines.
He could still face sanctions from the panel if they find his fitness to practise is impaired.
The hearing continues.
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