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PUBLIC RECORD - MPTS ... Jun 24, 2019  · • BTS National Safety Standards for Invasive Procedures; • Correspondence from Mr D of the GMC. The Tribunal’s Approach . ... Mr A

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  • Record of Determinations – Medical Practitioners Tribunal

    MPT: Dr ALIU 1

    PUBLIC RECORD Dates: 24/06/2019 - 12/07/2019 06/09/2019 11/06/2020 - 12/06/2020 17/08/2020 - 20/08/2020

    Medical Practitioner’s name: Dr Udo ALIU

    GMC reference number: 4639112

    Primary medical qualification: MB BS 1983 Lagos

    Type of case Outcome on impairment New - Deficient professional performance Impaired

    Summary of outcome Erasure Immediate order imposed

    Tribunal:

    Legally Qualified Chair Mr Andrew Lewis Lay Tribunal Member: Ms Miriam Karp Medical Tribunal Member: Mr Gulzar Mufti Tribunal Clerks: Mr Stuart Peachey

    (24/06/2019 & 26/06/2019 AM) Ms Dee Montgomery (25/06/2019 & 26/06/2019 PM) Ms Jean Gleeson (27/06/2019) Mr Ian Leslie (01/07/2019) Mr Edward Kelly (28/06/2019 & 02/07/2019 - 12/07/2019) Mr Michael Murphy (06/09/2019 & 11/06/2020) Mr Andrew Ormsby (12/06/2020 & 17/08/2020 - 20/08/2020)

    Attendance and Representation:

  • Record of Determinations – Medical Practitioners Tribunal

    MPT: Dr ALIU 2

    Medical Practitioner: Present and not represented Medical Practitioner’s Representative: N/A

    GMC Representative: Mr Edward Morgan, Counsel

    Attendance of Press / Public In accordance with Rule 41 of the General Medical Council (Fitness to Practise) Rules 2004 the hearing was held partly in public and partly in private. Overarching Objective Throughout the decision making process the tribunal has borne in mind the statutory overarching objective as set out in s1 Medical Act 1983 (the 1983 Act) to protect, promote and maintain the health, safety and well-being of the public, to promote and maintain public confidence in the medical profession, and to promote and maintain proper professional standards and conduct for members of that profession. Determination on Facts - 12/06/2020 Background

    1. Dr Udo Aliu obtained his basic medical qualification from the University of Lagos in 1983. He started work in general surgery in 1997 in the UK and became a Fellow of the Royal College of Surgeons in Ireland in 2001. He was awarded the Certificate of Completion of Basic Surgical Training by the Surgical Royal Colleges of Great Britain and Ireland in 2007. He worked in a number of junior posts between 2003 and 2013. In 2011 he obtained a post-graduate qualification from the University of Warwick in “Understanding Research and Critical Appraisal in Healthcare”. 2. Since August 2015, Dr Aliu has been placed in short term employment by 10 different locum agencies. From August 2015 to August 2016 Dr Aliu undertook eight separate locum appointments ranging in duration from 4 days to 2 months, for a total of approximately 22 weeks. From August 2016 to August 2017 he undertook nine short term locum appointments, ranging in duration from 4 days and 4 weeks, for a total of approximately 18 weeks in that year. Dr Aliu has not been in clinical practice since August 2017. 3. In April 2017 Dr Aliu was referred to the GMC by Mid-Yorkshire NHS Trust, after he worked at Pinderfields Hospital, Wakefield, as a locum registrar in general surgery.

  • Record of Determinations – Medical Practitioners Tribunal

    MPT: Dr ALIU 3

    4. In September 2017, the GMC Assistant Registrar made a decision under Rule 10(6) that Dr Aliu should be directed to undergo an assessment of his professional performance. On 15 September 2017 Dr Aliu was informed of his need to undertake a performance assessment by a letter from the Assistant Registrar (Fitness to Practice Directorate). 5. The Performance Assessment (‘the Assessment’) was initially scheduled to take place on 19 - 20 March 2018. Following the cancellation of the planned assessment in March 2018 at Dr Aliu request, the Assessment was rescheduled for 10 - 11 August 2018. 6. There has been no evidence before the Tribunal relating to the circumstances of Dr Aliu’s referral to the GMC and the Tribunal has proceeded on the basis that the GMC’s case against Dr Aliu rests entirely upon his performance at the Assessment conducted on 10 and 11 August 2018. The Outcome of Applications Made during the Facts Stage

    7. During the course of the stage 1 hearing, the Tribunal ruled upon a number applications by the GMC and Dr Aliu.

    8. The Tribunal heard and refused an application by Dr Aliu for further disclosure of documentation. The Tribunal’s full decision on the application is included at Annex A.

    9. The Tribunal granted Dr Aliu’s application to recall the GMC Performance Assessors Mr A, Mr B and Ms C, under Rule 34(1) of the GMC Fitness to Practise Rules 2004, as amended (‘the Rules’). The Tribunal’s full decision on the application is included at Annex B.

    10. The Tribunal granted, in part, an application by Dr Aliu to attend the hearing by a telephone link. The Tribunal’s full decision on the application is included at Annex C.

    11. The Tribunal granted the GMC ‘s application to hear further evidence from Mr A by telephone. The Tribunal’s full decision on the application is included at Annex D.

    The Allegation and the Doctor’s Response

    12. The Allegation made against Dr Aliu is as follows:

    ‘That being registered under the Medical Act 1983 (as amended):

  • Record of Determinations – Medical Practitioners Tribunal

    MPT: Dr ALIU 4

    1. Between 10 and 11 August 2018 you underwent a General Medical Council assessment of the standard of your professional performance. Admitted and found proved

    2. Your professional performance was unacceptable in the following

    areas:

    a. Maintaining Professional Performance; To be determined b. Assessment; To be determined c. Clinical Management; To be determined d. Operative/Technical Skills; To be determined e. Record Keeping; To be determined f. Relationships with Patients. To be determined

    3. Your professional performance was a cause for concern in the following area:

    a. Working with Colleagues. To be determined

    4. In the Knowledge Test, you scored 36.67%. This is below the standard

    set score of 63.77%. To be determined

    And that by reason of the matters set out above your fitness to practise is impaired because of your deficient professional performance.’ To be determined

    The Admitted Facts

    13. At the outset of these proceedings Dr Aliu made an admission to paragraph 1 of the Allegation, as set out above, in accordance with Rule 17(2)(d) of the General Medical Council (GMC) (Fitness to Practise) Rules 2004, as amended (‘the Rules’). In accordance with Rule 17(2)(e) of the Rules, the Tribunal announced this paragraph of the Allegation as admitted and found proved.

    The Facts to be Determined

    14. In the light of Dr Aliu’s response to the Allegation made against him, the Tribunal is required to determine paragraphs 2 to 4 of the Allegation.

    Witness Evidence

  • Record of Determinations – Medical Practitioners Tribunal

    MPT: Dr ALIU 5

    15. The Tribunal received evidence on behalf of the GMC from the following witnesses:

    • Mr B, GMC Lead Clinical Assessor, in person and by video link; • Mr A, GMC Clinical Assessor, in person and by telephone link; • Ms C, GMC Lay Assessor, in person and by telephone link. • Mr D, GMC Performance Assessment Officer (‘PAO’), in person.

    16. Dr Aliu provided his own witness statements and also gave oral evidence at the hearing.

    Documentary Evidence

    17. The Tribunal had regard to the documentary evidence provided by the parties. This evidence included, but was not limited to:

    • Performance Assessment Report (‘the Report’), dated 18 October 2018; • Supplemental Performance Assessment Report, dated 22 October 2018; • Certificates for Dr Aliu, dated 9 July 2001, 31 January 2007, 10 July 2014; • JSD (SHO level) UHB NHS Foundation Trust Operation Logbook, dates from

    16 December 2013 to 5 August 2014; • Audit data on the use of Aspirin/Statin in PVD patients at QEH, Birmingham,

    dates from 2 January 2014 to 31 March 2015; • Dr Aliu GMC Revalidation, dated 18 June 2015; • Learning certificates, dated 21 April 2017 to 11 May 2019; • Supporting Letters for Dr Aliu, dated 2 May 2006 to 22 August 2011; • Skeleton Argument on Facts from Dr Aliu; • Written submissions on Facts from GMC; • GMC Tests of Competence – Assessors’ Comments and Judgement Sheets

    (‘Judgement Sheets’) handwritten comment by the Assessors at each OSCE station;

    • Marking sheets completed by the Medical Assessors at each OSCE station (‘the Digital Sheets’);

    • BTS Guideline for insertion of a chest drain; • BTS National Safety Standards for Invasive Procedures; • Correspondence from Mr D of the GMC.

    The Tribunal’s Approach

    18. In reaching its decision on facts, the Tribunal bore in mind that the burden of proof rests on the GMC and it is for the GMC to prove the Allegation. Dr Aliu does not need to prove anything. The standard of proof is that applicable to civil proceedings, namely the balance of probabilities, i.e. whether it is more likely than not that the events occurred as alleged.

  • Record of Determinations – Medical Practitioners Tribunal

    MPT: Dr ALIU 6

    The Tribunal’s Analysis of the Evidence and Findings

    Witness Evidence 19. T