Doctor Faces New Allegations of Failing to Disclose Medical Council Conditions
A doctor previously censured by the Medical Council and removed from the medical register for several years is now facing fresh allegations of failing to inform a new employer about conditions attached to his registration. A Medical Council fitness-to-practise inquiry heard claims on Thursday that Dr. Eltayeb elkhabir did not disclose these conditions during his employment with Medix Clinic in Sandyford between approximately december 19, 2022, and January 6, 2023. The inquiry also considered allegations that Dr. elkhabir lacked adequate professional indemnity cover during this period.
The allegations centre on Dr. Elkhabir’s practice of medicine at the Medix Clinic while allegedly knowing, or having reason to know, that he did not possess the required professional indemnity insurance. Similar concerns were raised regarding his work at MyDocs Surgery in Newbridge and/or Naas, Co.Kildare, for 11 days around December 2022, were he reportedly operated without appropriate indemnity cover.
The requirement for Dr.Elkhabir to inform employers of these conditions stemmed from a High Court order issued on November 27, 2013. This order followed a 2012 fitness-to-practise inquiry where Dr. Elkhabir, a Sudanese national, was found guilty of professional misconduct. the misconduct included making inappropriate comments to a patient, leading the Medical Council to initially remove him from the register.
However, in a subsequent appeal to the High Court, both Dr. Elkhabir and the Medical Council agreed to set aside the initial decision. Rather, Dr. Elkhabir received a censure, and his continued registration was contingent upon disclosing any conditions attached to it to future employers, completing a training course, and engaging with a mentor.
Dr. Nemer Osman, who testified on Thursday, served as Dr. Elkhabir’s mentor. During the inquiry, Dr. Elkhabir stated that previous investigations by the Medical Council related to discussions about his Muslim faith while working in hospitals. “The way I dealt with patients was unprofessional,” he admitted to barrister eoghan O’Sullivan, representing the chief executive of the Medical Council. “For example I spoke telling my religious views regarding a medical condition, that was not right.”
This is not the first time Dr. Elkhabir has faced scrutiny. He was previously sanctioned by the Medical Council in 2008 following an incident at St. Columcille’s Hospital in Loughlinstown, dublin. There, he reportedly told a patient with epilepsy that her condition could be “a sign of the devil” and suggested it might be caused by sexual activity. He allegedly provided the patient with his mobile number, offering further discussion about Islam. Following this incident, the Medical Council mandated that Dr. Elkhabir complete an ethics course.
Throughout Thursday’s proceedings, Dr. Elkhabir was repeatedly reminded by legal assessor Patricia Dillon SC to directly answer questions, particularly during cross-examination. “Your friend,Dr Osman,said that you don’t listen. Well you’re giving a masterclass hear today. You have to listen to and answer the question asked,” she stated.
Mr. O’Sullivan further questioned Dr.Elkhabir about the 2012 inquiry, which also found him guilty of professional misconduct for allegedly refusing or delaying treatment to a patient presenting with chest pains on February 2, 2011.dr. Elkhabir attributed this to exhaustion after a 24-hour shift,a practice he stated was discontinued as an inevitable result of the incident.
Additional inquiries cited by Mr. O’Sullivan included concerns about inappropriate interaction with a female patient in 2011 and inappropriate comments made in 2014. Dr.Elkhabir was removed from the medical register in 2016 and reinstated in 2021, subject to the conditions outlined in the 2013 High Court order.
Currently, the Medical Council’s chief executive, Dr. Maria O’Kane, alleges that Dr. Elkhabir’s behavior constitutes professional misconduct, a claim Dr. Elkhabir denies.The inquiry heard that Dr. Elkhabir, who is representing himself, had previously retained legal counsel. He also informed the committee that he is married with one daughter and three sons. The fitness-to-practise committee will reconvene at a future date to announce its findings.
