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• Solicitor welcomes findings by GMC panel on Scarborough doctor’s fitness to practice

Solicitor welcomes findings by GMC panel on Scarborough doctor’s fitness to practice.

22nd July 2011

A Hull solicitor has welcomed the General Medical Council’s decision to suspend the registration of a Scarborough surgeon.

Simon Wilson, medical negligence expert at Neil Hudgell Solicitors in Hull and Leeds, acts for Joanne Roche and Michael Taylor – both suffered as a result of the actions of Mr Nayef El-Barghouty, a consultant in general and vascular surgery at Scarborough and North East Yorkshire Healthcare NHS Trust.

Today a GMC panel in Manchester decided that Mr El-Barghouty should be suspended immediately from the medical register so that he cannot practise for 12 months.

The panel had previously decided that the surgeon did not allow enough time and take enough care in an operation on Mrs Roche and also that he had kept poor records of her post-operative care. The panel also found that in the case of Michael Taylor’s father, Wilfrid, who died while being operated on, Mr El-Barghouty had lied at the subsequent inquest.

GMC Panel chair, Mrs Judith Worthington, said: “In imposing the maximum term of suspension, the Panel is satisfied that this will send a signal to you, the medical profession and the public that dishonest behaviour is unbefitting a registered medical practitioner and will not be tolerated and that clinical failings such as those identified by the Panel will result in serious action against a doctor’s registration.”

Simon Wilson said: “The errors made in the care of Mrs Roche and Mr Taylor’s father Wilfrid were woeful. The decision to suspend Mr El-Barghouty is welcomed as we know of other patients who have suffered as a result of his surgery.

“Mrs Roche and Mr Taylor’s cases also add weight to calls that patients should be aware of an individual surgeon’s record and any complication rates he or she may have for operations.”

Joanne Roche from Bridlington suffered life-changing injuries when she was operated on by Mr El-Barghouty at Scarborough District General Hospital on January 31, 2008. Mrs Roche, who is 42 and married with two children, now breathes through a tube in her neck after her vocal chord nerves were damaged in error during a routine procedure to remove her thyroid gland. After the surgery Mrs Roche could not talk and has had to learn how to speak again.

Today Mrs Roche said: “Ideally I would have like Mr El-Barghouty to have been struck off the medical register for good, but a 12 month’s suspension is the next best thing. If I have saved one person from going under his knife that is a victory for me.”

Mrs Roche told a press conference how the surgery had dramatically affected her family life. She is more prone to infections, tires easily and can’t enjoy pleasures such as bonfire night, because of the smoke, or swimming.

82 year old Wilfrid Taylor from Eastfield, Scarborough bled to death after undergoing three operations in the same day – January 3, 2009 – performed by Mr El-Barghouty at Scarborough Hospital.

Michael Taylor said: “Today would have been my father’s 85th birthday and it’s for my dad that I’ve taken this case to the GMC.

“If Mr El-Barghouty had been erased from the register that would have been perfect but twelve months suspension is OK. I am alright with that. At least we know that what happened to my dad won’t now happen to anyone else.”

Both Mrs Roche and Mr Taylor’s son Michael gave evidence to the GMC Fitness to Practice hearing.

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