A GP of almost 40 years has lost his battle against the Care Quality Commission’s (CQC) decision to suspend him.

Wandsworth Times:

The CQC suspended Dr Mujib ul Haq Khan, of Granville Road Surgery, Southfields, after inspections raised serious concerns about patient safety. 

A tribunal hearing, the first initiated by a GP taking legal action against the CQC, found in favour of the health watchdog.

It was also the first time the regulator has used enforcement power in relation to a GP.

Dr Khan was suspended for four months in January. His future is due to be determined by the CQC in May.

He had about 800 patients who have been temporarily relocated to nearby practices by NHS England.

Inspectors found a number of failings including emergency medicines were not available, a medicine bag that could only be opened with a screwdriver, deficient child protection procedures and inadequate fire precautions.

Previous inspections found out-of-date medicines, an empty first aid box, inadequate supplies of oxygen, a dirty consultation room and a dirty toilet.

An urgent notice to suspend the registration of the practice was issued in January.

It was pointed out in Dr Khan’s defence that the practice had run for a long time without incident and very few complaints.

His lawyer argued that the deficiencies identified by the CQC did not justify Mr Khan’s suspension.

However, the tribunal, held last week, unanimously dismissed Dr Khan’s appeal.

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The tribunal stated: “It is beyond doubt that there was not what there should have been, namely easy, well-known and established access to the appropriate medication in case of emergency.

“That, in the tribunal’s view was indicative of Dr Khan’s careless, passive and reactive approach to the management of his practice.

“Other examples were provided by the lack of any adequate induction procedure for new locum doctors, the absence of any disclosure or barring service check, hepatitis status check or references, the lack of child protection or adult safeguarding polices and of adequate staff fire training.”

It concluded that: “Dr Khan’s practice, persons, patients and staff and doctors, were exposed to the risk of harm was inescapable.

“That risk would have continued without action on the part of the CQC.”

CQC’s deputy chief inspector of general practice, Ruth Rankine, said: “We were confident we had taken the right decision to protect people and I am delighted that the tribunal agreed we did the right thing.

“This case saw repeated breaches of the law and patients were being put at risk.

“We do not take enforcement action lightly, but are satisfied that the tribunal has agreed with our assessment that patients were at risk at this practice.”