UK court blocks lifetime ban on Indian-origin surgeon accused of sexual misconduct

Dr Shah was accused of inappropriately touching a medical secretary. Representation pic/istock

An Indian-origin surgeon in the UK, who qualified as a doctor in 1988 from the Mumbai University, has won a reprieve from being barred for life from medical practice. The High Court in Manchester ruled that the 12-month suspension handed to Dr Rajesh Shah, 62, by the Medical Practitioners Tribunal Service (MPTS) for inappropriate behaviour and sexual harassment could not be extended to a lifetime ban.

In its August 2024 ruling, the MPTS had concluded that Dr Shah should be suspended for 12 months after upholding allegations of sexual misconduct. Dr Shah was accused by two female colleagues of inappropriate behaviour between 2005 and 2021, during his tenure as a consultant thoracic surgeon at Wythenshawe Hospital in Manchester.

The allegations

Dr Shah was accused of inappropriately touching a medical secretary without her consent, including tapping her cheeks, calling her a "good girl," and touching her for sexual gratification. Another allegation came from a recovery nurse, who claimed that Dr Shah put his arms around her, steered her into a coffee room, hugged her, and touched her inappropriately.

Following a disciplinary investigation in 2022, Dr Shah was summarily dismissed by the hospital. The matter was then referred to the General Medical Council (GMC), which oversees doctors' conduct in the UK. A tribunal hearing was held from August 12 to 29, 2024.

During the hearing, Dr Shah described the alleged misconduct with the medical secretary as "consensual sexual touching." The tribunal ruled that the GMC had failed to prove that the touching was non-consensual, and thus it did not amount to sexual harassment.

However, in the case of the recovery nurse, the MPTS found Dr Shah guilty of sexual misconduct. The tribunal was informed that Dr Shah had previously issued a written apology to the nurse. He also claimed he was "tactile by nature," and any social touching could not be deemed inappropriate.

The tribunal ruled that while his behaviour constituted misconduct, it did not rise to a level "fundamentally incompatible with continued registration." A 12-month suspension was imposed, with a review scheduled at the end of the period.

The appeal

The GMC appealed the tribunal's decision in the high court, arguing that the 12-month suspension was insufficient and seeking the permanent erasure of Dr Shah's name from the medical register.

The appeal was heard by Justice Kerr at the Manchester High Court. Dr Shah, citing a four-decade record of good character, argued that suspension was a proportionate response. His counsel pointed out that erasure from the register is not automatic in sexual misconduct cases and argued that the tribunal had thoroughly examined the case before issuing its decision.

Delivering his judgment, Justice Kerr dismissed the GMC's appeal, stating that their objections were without merit. The court declined to impose a lifetime ban, allowing Dr Shah the possibility of returning to medical practice after his suspension.