The General Medical Council (GMC) has cleared a surgeon of misconduct, after he cut into a patient’s brain by mistake during a sinus operation.

Surgeon George Murty was operating on Peter Rogers – who at the time was aged 58 –

at the private Bupa Leicester Hospital in May 2002. Mr Rogers, from Northamptonshire, subsequently suffered brain damage and suffers from poor memory, concentration and eyesight.

The patient’s wife, Mrs Susan Rogers, was at first advised that her husband had suffered a stroke during surgery, which was ‘unrelated’ to the procedure. After the operation, Bupa said the hospital had done ‘everything possible’ for Mr Rogers, but explained that all surgery ‘carried an element of risk’.

According to a BBC report, it was only after the instigation of legal action that Mr Murty admitted that his mistake had caused Mr Rogers’ brain damage.

Mrs Rogers believed the operation would cure her husband’s sneezing and runny nose – and was so routine that she went out to lunch with a friend while it took place. When she returned to the hospital, she was advised that her husband was unconscious and might not live. A remedial operation repaired a hole left in My Rogers’ skull.

The GMC found that Mr Murty had ‘made an effort‘ to learn from his mistake – and that his misconduct was ‘was an uncharacteristic departure from the usually high standards of your clinical practice’.

The panel also accepted that the surgeon’s initial denial of liability was ‘based upon insufficient information’ and decided not to issue Mr Murty with a warning.

The GMC concluded that the surgeon’s fitness to practise was not impaired – and that it was ‘unlikely’ he would repeat the error.

Mr Rogers was awarded £1.32 million compensation against the hospital in November 2005.

© 5r1 Limited

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