Doctor's application for restoration to the
register of doctors rejected.
Doctor banned from making further applications
- first such ban under new rules.
Brief Summary
This case
involved an application by Dr Pratapgar Gosai to be restored to the
Register of Medical Practitioners. Dr Gosai's name was erased from
the Register on 31 October 1997.
Dr Gosai had been found guilty of serious
professional misconduct following the death of his patient Maria
Ayling in January 1995 of a pulmonary embolism.
At a hearing before the Professional Conduct
Committee of the GMC of 16 May 1997 the committee found that Dr
Gosai had not examined the patient or taken steps to progress her
treatment. Evidence given to the committee showed that Maria Ayling
would have lived if such steps had been taken.
On 11 March 1999, Dr Gosai made his first
application to be reinstated to the Register. This was
rejected.
On 11th January 2002, Dr Gosai made a second
application for his name to be restored to the register. This was
also rejected and Dr Gosai forbidden to make further applications
for restoration without permission.
Background to the
Case:
Dr Gosai was the GP for Maria Ayling who was
born on 22 March 1974. In the autumn of 1994, Maria Ayling
consulted Dr Gosai over pain in her legs. She was referred to King
Georges Hospital Goodmayes for an investigation on her right
knee.
In December 1994, she developed a swollen
lower left leg, pain in the left knee and impaired mobility. On 24
December 1994, Dr Gosai visited Maria Ayling at home, but failed to
examine her and prescribed a painkilling gel.
In January 1995, Maria's condition worsened.
Her father, Eric Ayling, made increasingly frantic efforts to get
help from Dr Gosai. Dr Gosai did not make any further visits to see
Maria Ayling. She was awaiting an appointment for the arthroscopy
on her right knee at King Georges Hospital, and attempts were made
to bring forward that appointment.
Maria's Death
On 24
January 1995, Maria collapsed in the bathroom at home. She was
taken by ambulance to Romford Hospital, but was dead on
arrival.
The cause of death was a pulmonary embolism
following a deep vein thrombosis in her left leg. Maria had been
taking an oral contraceptive pill and had a condition known as
lupus erythemitosis which were contributing factors.
A post mortem was performed and the coroner,
Dr Harold Price of Walthamstow Coroners Court, decided that an
inquest was not required as death was from natural causes. Mr
Ayling consulted Hodge Jones & Allen solicitors for advice. Our
response was that there should be an inquest, and Dr Price was
asked to reconsider his decision not to hold one.
However, Dr Price considered that his original
decision was correct. Mr Ayling was granted legal aid to bring
judicial review proceedings of the Coroner's decision not to hold
an inquest.
In November 1995, leave was granted by the
High Court for judicial review of the Coroner's decision.
Inquest
On hearing that
leave had been granted, Dr Price agreed that an inquest should be
held. It took place at Walthamstow Coroners Court on 6 February
1996. Dr Gosai gave evidence. A verdict of accidental death was
recorded. Contrary to Dr Gosai's evidence, the coroner decided that
the doctor had not examined Maria Ayling on 24th December and that
Dr Gosai had not been telling the truth in relation to his account
of the visit.
He decided to refer Dr Gosai's conduct in the
case to the GMC. In the meantime, an enquiry was held by the
Medical Services Committee who found that Dr Gosai was in breach of
his terms of service, and fined him £3,000.
GMC Hearing - Doctor Struck Off The GMC
decided to bring charges against Dr Gosai and a hearing took place
at the GMC between 12 and 16 May 1997.
The findings of the Professional Conduct
Committee were that Dr Gosai was guilty of serious professional
misconduct for failing to examine Maria Ayling on 24 December
1994failing to take adequate steps to assess her condition failing
to respond to the requests of the family in January 1995 for urgent
help failing to arrange an investigation and failing to tell the
truth in relation to the facts of the 24 December at the inquest
and at the GMC.
They ordered that Dr Gosai's name be erased
from the Register. This did not take place until 31 October 1997,
pending an appeal by Dr Gosai against the decision which was later
dropped.
Settlement of Compensation
claim
In May 1998, the solicitors for Dr Gosai wrote
to confirm that breach of duty by Dr Gosai causing Maria's death
was admitted. In December 1998, the family's claim for compensation
against Dr Gosai was settled for £146,000.