A GP who was suspended by a medical tribunal for 12 months for sexual activity with a patient has won an appeal against the ruling.
At a hearing at Manchester High Court, Dr Mustak Kapadia, 46, of Fulwood, who was a locum doctor at Strawberry Gardens Medical Practice in Morecambe, had his suspension lifted after the Fitness to Practice Panel’s determination on misconduct was quashed.
His Honour Judge Waxman quashed some of the factual findings including the allegation that Dr Kapadia engaged in sexual activity with the woman, known as Patient A, on or around December 2011.
In 2011, Dr Kapadia admitted sending “saucy texts” to the womanand visiting her at her home, but denied any sexual activity.
He is now free to practice as a GP but must comply with a number of conditions.
Dr Kapadia first consulted with the woman as a patient in August 2011. She was being treated for mental health issues and chronic physical problems.
Dr Kapadia said: “It has taken them nearly three years to deal with this matter which is not acceptable.
“I have found this is a common complaint amongst doctors who experience difficulties. I have been unable to work since April 2012. It has been extremely difficult and stressful for all involved.
“My counsel’s view was the tribunal should never have made the finding it did in relation to the alleged sexual activity.”
The General Medical Council state on their website that Dr Kapadia can continue to practise as a GP but with conditions which say that he must notify the GMC promptly of any post he accepts for which registration with the GMC is required and provide the contact details of his employer to relevant authorities. #
He must also allow the GMC to exchange information with his employer or any contracting body for which he provides medical services, and inform the GMC of any formal disciplinary proceedings taken against him, from the date of this determination.
He must inform the GMC if he applies for medical employment outside the UK, and must confine his medical practice to general practice posts where his work will be supervised by a named GP.
He is also required not to undertake any locum posts of less than four weeks duration, and must not undertake any home visits.
Dr Kapadia was suspended in 2008 after admitting he self prescribed more than £2,000 worth of drugs.
He was only allowed back to work in February 2009 after being suspended while under investigation.
Dr Kapadia paid back all the prescription charges and investigation costs which was confirmed by the NHS Business Authority.