GMC hearing rules gynaecologist is fit to practice

13/01/2006

Thank you to everyone involved in my case. I never dreamed of such an outcome and you have made such a long and difficult case seem easy and bearable.

Nigel, Derbyshire

A GMC hearing in Manchester ruled today that gynaecologist Andrew Gbinigie is fit to practice.

This is despite fifteen complaints from women who have been treated by Gbinigie being put before the GMC.

The GMC dismissed the fifteen complaints and have taken no action against Dr Gbinigie.

The complaints range from a failed sterilisation to women suffering extreme pain following hysterectomies.

The GMC decided to look at Gbinigie for performance rather than conduct. Under this route, the maximum penalty he could have faced was suspension. This could have been made indefinite, effectively stopping him from practising as a doctor again. He could also have been told to re-train.

Under the 'performance' route he could not be struck off.

The hearing has come to a conclusion after five months. It began in August 2005 but was then adjourned after two weeks as insufficient time had been allowed to hear all the evidence. Complaints on behalf of the fifteen women were originally submitted in 2003.

The doctor has faced GMC proceedings before when he was found guilty of serious professional misconduct in March 2003, relating to the performance of an abortion during which he caused serious injury to the patient. Restrictions were placed on him carrying out abortions. His contract with Liverpool Women's Hospital was terminated when further concerns about his performance came to light.

"This doctor has had a traumatic affect on many women. Today we had hoped to see justice done."

"We are hugely disappointed that the GMC have brought no action against Dr Gbinigie. We will continue our fight to have Gbinigie struck off. We believe he is a danger to any woman who is treated by him," said Nicki Evans-Young, spokesperson of the campaign group Women Fighting for Faith, and a former patient of Andrew Gbinigie.

Nicki had a child after a failed sterilisation was performed by Dr Gbinige. She suffered a very traumatic time agonising over whether to continue with an unplanned pregnancy, causing genuine psychological problems. The right to limit the size of her family had been taken away and she had undergone the risk of further surgery, having to be re-sterilised. Her solicitor Louise Forsyth secured a five figure out of court settlement for Nicki in 2004.

"We have been waiting for over two years for a decision to be made by the GMC about Dr Gbinigie's fitness to practice. This has been a very difficult time for the women involved."

"After a very long and frustrating battle it is extremely disappointing that Dr Gbinigie has had no action taken against him by the GMC, and has been judged fit to practise."

"Even in cases where we have had successful negligence claims, the complaints have been dismissed by the GMC."

"It is very worrying that Dr Gbiniginie will be able to continue to practice with no obligation to notify his employers of any of these complaints, or to warn members of the public about them."

"We will be reporting the GMC's decision to the Council for Healthcare Regulatory Excellence (CHRE), who can choose to refer the matter to the High Court if they deem the GMC's decision to be unduly lenient," said Louise Forsyth, solicitor for the fifteen women.

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