Doctor who did locum shifts while on sick would 'lie and lie'
- Published
Dr Muel said he struggled with money problems as sole breadwinner to a wife and four children
A doctor who has admitted working at one hospital while off sick from another would "lie and lie," a tribunal has been told.
Dr Joao Muel is facing 13 charges of dishonesty and clinical failure between June 2018 and April 2019, including failing to provide good clinical care to two patients.
Allegations include failing to deliver a baby in foetal distress within the mandated timeframe.
Dr Muel denies some of the charges.
Those charges include failing to interpret a foetal heart pattern and dishonestly filling in job applications.
Dr Muel told the medical practitioners' tribunal on Thursday he did not know being paid for locum shifts while off sick was misconduct.
He worked at Tameside, Barnsley and Wrexham hospitals while off sick from Abergavenny's Nevill Hall hospital.
Dr Muel said he struggled with money problems as sole breadwinner to a wife and four children.
"The pressure was quite enormous and I just started doing locums, mainly on the weekends, to try to improve the situation," he said.
He added that he knew he would be paid by Nevill Hall while working elsewhere but "didn't realise that doing locums while on sick leave was misconduct".
"I have learned that it was misconduct," he said.
General Medical Council (GMC) counsel Rosalind Emsley-Smith said: "That was objectively dishonest.
"He knew he was being paid twice. It is inconceivable that that was not dishonesty."
She added: "Dishonesty for you is not just a momentary aberration, it is a default position - you just lie and lie and lie."
Dr Muel has been convicted of fraud at Abergavenny magistrates' court for claiming sick pay at Nevill Hall while working at Wrexham Maelor Hospital.
Dr Muel told a colleague at Wrexham Maelor Hospital that he was working there while off sick with another health board
Representing Dr Muel, Penny Maudsley said he admitted he had worked while off sick from Nevill Hall hospital.
"The question for this tribunal is whether he knew at the time that he was being deceitful or dishonest," she said.
"In my submission it was not obvious to this doctor.
"He genuinely did not know he could not work whilst on sick from Nevill Hall hospital because he felt well.
"He has not tried to hide anything. He has been consistent with his evidence."
She said English was not Dr Muel's first language.
"Dr Muel did not realise that working at another hospital where he was a locum when on sick leave was misconduct."
It was "a genuinely held belief" she said.
The tribunal adjourned to consider its findings.
- Published10 August 2021
