Shrewsbury locum Dr Sameer Khan committed misconduct

Dr Sameer Khan had been a locum consultant at Royal Shrewsbury Hospital in 2019 when he made the comments to a female colleague

A doctor who joked that rape victims should "enjoy it" and an elderly patient should be dead has been issued with a warning by a misconduct panel.

Dr Sameer Khan had been a locum consultant at Royal Shrewsbury Hospital in 2019 when he made the comments to a female colleague.

The hearing concluded he had committed misconduct but said he had changed his behaviour.

It ruled that he should still be allowed to practise.

Separate allegations that he had asked junior doctors to falsify patient records were dismissed at the hearing of the Medical Practitioners Tribunal Service, through insufficient evidence.

A report on the hearing said Dr Khan accepted he had made a comment to a female junior doctor, identified as Dr A, to the effect of, "If you are being raped, why fight it? Why not enjoy it?".

'Attempts to be humorous'

Dr Alexis Dite, counsel for the General Medical Council (GMC), told the hearing on 31 May the comment was "inherently unacceptable" and Dr Khan's seniors found it "outrageous and enough to end his contract".

The allegation was proved at the hearing on the basis of Dr Khan's admission.

Dr Khan did not accept however, he had made a separate comment to Dr A in relation to a patient aged in her 80s, in which he had allegedly used words to the effect of, "How old is she? She should be up there", and pointed to the sky.

The panel, however, considered Dr A's account "more credible and convincing" than his denial.

Chris Gillespie, counsel for Dr Khan, said the comments were "attempts either to be humorous or to create a more relaxed and informal atmosphere for junior doctors".

Behaviour 'remediable'

He submitted his client had "demonstrated insight and remediation and understands the upset he caused, and that his comments do not reflect a deep-seated or sinister attitudinal problem".

The panel said both allegations amounted to serious misconduct, but ruled Dr Khan's fitness to practise was not impaired because his behaviour was "remediable".

He has attended a "boundaries" course and "no longer tries to use humour to lighten the tension" at work, the report added.

Shrewsbury and Telford Hospital NHS Trust said Dr Khan's role with the trust ended following an internal investigation and added it had assisted the GMC with its inquiries.

Update 19 June 2023: This story has been amended to make clear Dr Khan was found to have committed misconduct and not gross misconduct.