Court Upholds Return Of Surgeon Who Harassed Staff

An effort to artifact a transplant surgeon who sexually harassed 4 female colleagues from returning to believe has failed.

James Gilbert worked arsenic a elder registrar astatine Oxford University Hospitals (OUH) NHS Trust successful 2008 and 2009, and later arsenic a advisor from 2010 to 2022.

He was suspended from practising for 12 months successful 2024, but nan Medical Practitioners Tribunal Service (MPTS) restored his correct to practise past year.

The General Medical Council (GMC) appealed against that decision, arguing he should person been removed from nan aesculapian register. However, nan Court of Appeal has now dismissed nan challenge.

A spokesperson for nan GMC told nan BBC: "Our position is very clear - location is nary spot for intersexual misconduct successful healthcare, and we person ever maintained Dr Gilbert should person been struck off.

"We appealed doubly successful this lawsuit to unafraid an result that we felt would protect patients and uphold assurance successful nan profession."

The MPTS antecedently said Gilbert had "taken affirmative action to guarantee that his misconduct is not repeated", and recovered his fittingness to believe was nary longer impaired, meaning he could return to moving connected 12 September.

Gilbert, who trained astatine nan University of Southampton, told an earlier proceeding that he now wanted to beryllium an "ambassador for alteration successful challenging powerfulness imbalances betwixt elder and inferior colleagues".

One female told nan tribunal that Gilbert had been nan "golden boy" of his department, and that he was nan "be-all and end-all for transplants successful Oxford".

But Mr Justice Calver, who oversaw a erstwhile High Court case, recovered that nan expert had made racist comments towards colleagues.

In different claims, Gilbert reportedly said to 1 trainee while moving successful Oxford: "You're a good together girl, you must ever deterioration matching underwear. What benignant are you wearing now?"

Another trainee was allegedly asked astir matching underwear, and connected 1 juncture he reportedly stared astatine her and said: "I person been watching you and you're beautiful perfect."

In May 2021, OUH excluded Gilbert aft concerns were raised, but he was allowed to return six weeks later pinch restrictions connected his practice.

An email was past sent to surgical trainees inviting them to emblem up concerns, starring to Gilbert's dismissal successful May 2022.