Doctor failed to examine rape case victims properly

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Thursday, July 29, 2010
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This is Cornwall

A forensics doctor has been suspended from practice for a year after he failed to properly examine two women who claimed they had been raped.

Dr Edet Etop Ukpong Dan's behaviour was described as "deplorable" by the General Medical Council (GMC), after he did not take the proper swabs required in two cases at Torquay Police Station in May and June 2007, despite requests from experienced police officers to do so.

In the first case, the patient seemed distressed and frightened, but Ukpong Dan failed to put her at ease or show "compassion", the panel found. Her allegation later transpired to be false, but the GMC said that had no bearing on its ruling.

In part of its ruling, the GMC stated: "The evidence obtained from samples from sexual assault victims can be critical in the investigation of the case and to prosecution in the criminal courts if proceedings ensue. The interests of the victims, and the public, in such cases are high and it was your duty to ensure you did everything possible to assist the police investigation."

In May 2008, Ukpong Dan refused to attend Exeter Police Station just after 6am to examine a male patient who had sleep apnea, and had complained of chest pains. He then provided his employer, Medacs, with "inaccurate" and "misleading" statements on why he did not attend, the GMC hearing found.

He also refused to attend to two other patients in police custody, including one who required an assessment under the Mental Health Act. The panel said the doctor's conduct placed a police officer in an "extremely difficult professional position", and said his failure to attend could have placed the prisoner or others at risk of harm.

The GMC found Ukpong Dan guilty of serious misconduct, ruling: "The panel considered that your actions represented clear breaches of the GMC's guidance in relation to standards of conduct and behaviour and fell seriously short of the standards of conduct that the public and patients are entitled to expect from all registered medical practitioners, and the panel is in no doubt that your actions amounted to misconduct. The panel is of the view that behaviour such as yours would be regarded as deplorable by fellow practitioners and by the public."

The panel took into account testimonials of the doctor's normally "kind and caring" approach to patients, as well as his lack of experience in the field of forensic examinations. But they found Ukpong Dan had a "propensity to dishonesty when (you are) subjected to criticism", and said he had never acknowledged that his actions were dishonest.

The panel ruled that Ukpong Dan should be suspended for 12 months because his fitness to practice was impaired.

Yesterday, Devon and Cornwall Police said it would be inappropriate to comment, as the doctor was not a police employee, and no criminal proceedings had taken place. Medacs declined to comment.

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