Doctor ‘failed to gain consent’ during hospital appointments

A mother-of-two felt “violated” after a procedure she alleged a Liverpool hospital consultant did not obtain consent for prior to it taking place.

In March 2019, a woman known only as patient C, attended an appointment at Liverpool Women’s Hospital for a hysteroscopy to be performed by Dr Maged Shendy. She told a Medical Practitioners Tribunal Service (MPTS) hearing that the consultant only sought to get her to sign her agreement to the examination after her 25-minute appointment had ended.

This is one of 10 charges put to Dr Shendy by the General Medical Council (GMC) during the MPTS hearing which opened on Monday.

Sarah Barlow, on behalf of the GMC, said Dr Shendy had been referred regarding his conduct between 2018 and 2019 by the hospital trust in 2021 following an in-house investigation. At the time, he had been a consultant in obstetrics and gynaecology.

The charges against Dr Shendy refer to eight patients he dealt with in a 15-month period. It is alleged how on two separate occasions, he failed to keep adequate records with regards to treatment options for two women.

Ms Barlow said the GMC would seek to prove how in April 2018, Dr Shendy performed diagnostic keyhole surgery on a woman known as patient A and failed to correctly interpret the findings. Additionally, the GMC said Dr Shendy failed to use a non-invasive investigation to explore the woman’s postoperative symptoms following a hysterectomy.

The GMC also suggested Dr Shendy failed to offer non-surgical treatment for postoperative vaginal scarring in October 2018. For both of these procedures, it is said the consultant failed to keep adequate records.

In the case of patient C, the mum-of-two told the first day of the hearing she had been sent a letter from the Liverpool Women’s Hospital inviting her for an appointment but was not informed of what it would entail, leading her to search online for information on the procedure. The woman, who spoke through tears at points, said the appointment with Dr Shendy took around 25 minutes from consultation to procedure.

Patient C said after the hysteroscopy she was “extremely upset and in pain,” at which point Dr Shendy asked for her electronic signature. She said: “I have never to this day seen a consent form from this appointment,” adding she had “absolutely categorically” signed online after her appointment.

Ghazan Mahmood, representing Dr Shendy, said it was his client’s case that he was “absolutely certain” he had accessed the computer system prior to the procedure and sought the woman’s consent at that point. Patient C said, “I felt violated, I don’t know what form I’d signed.”

She said given her employment history in the legal sector, it was unlikely she had ignored the possibility of signing something prior to the procedure.

Dr Shendy is also facing a charge that on another two occasions, he failed to secure informed consent from other women. It also suggested he wrote to one patient’s GP claiming they had been examined when that wasn’t the case.

It is alleged on 4 September 2019, Dr Shendy – who is now registered as a locum consultant at Scunthorpe General Hospital – fell asleep for “several minutes” during a consultation with a specialist trainee and patient. Mr Mahmood said in defence, the consultant said he was not asleep and had closed his eyes “to hear more clearly what was going on” and to concentrate.

Ms Barlow told the hearing, the GMC had received evidence from the trainee, who recalled making loud noises to wake up Dr Shendy.

The hearing continues.

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