Saturday, December 26, 2009

Gynaecologist accused of giving patient orgasms speaks of court ordeal


Dr Angus Thomson Photo: SWNS
He endured sleepless nights and the trauma of a high profile legal case, before being told by a judge that he left the court without a stain on his character.

But Dr Angus Thomson fears the lurid headlines sparked by the allegations - including that he had given Mrs Giles a "leg-buckling orgasm" - will haunt him and his family forever.

"No matter the fact I was not found guilty, if my kids go on Google, put my name in, they will find headlines in papers from Spain, Portugal, Poland, Japan, China.... all round the world," he said.

One of his greatest concerns for he and his wife, Lucy, is how it will affect their three young children, boys aged seven, nine and ten, once they become old enough to realise the full extent of the claims against him.

"We're not mortally wounded by this, we are big enough to see the bigger picture," he said.

"However, I'd hate to think that in three years' time when the kids are slightly more engaged on the computer that they... the kids haven't had a hard time at school, but we were very concerned about the way it would be portrayed in the media. They essentially know somebody was saying nasty things about me which I guaranteed were not true."

Dr Thomson was investigated and cleared twice over the allegations, but then Mrs Giles sued for £50,000 in damages.

The ordeal has made him think that something must be done to give greater protection to medical staff against vexacious complaints.

The case against him was thin and he was in a strong position. He had already raised concerns about Mrs Giles' behaviour to senior hospital staff - as well as his wife - and he was well-regarded by his colleagues.

This helped the hospital take what might have proved a controversial decision not to suspend him during the investigation by the hospital and a subsequent one by the General Medical Council.

But he fears other doctors in a similar situation who had not flagged up a potential problem and who are perhaps socially awkward, unpopular or who speak English as a second language could be ruined by the suspicions of others.

"People might be thinking badly of them for three years and they might be picking up on every minute thing," he said.

"That puts undue pressure on them and they will start making mistakes.

"There needs to be some attention given to how we record when people make false accusations."

Headlines such as "Dr Orgasmo", treated the claims as a joke, but for Dr Thomson, 40, from Worcester, the prospect of being branded a sex offender has already affected his involvement with his children's primary school.

"A couple of years ago, I gave a talk to the year six kids and they asked me to do it again. I said 'I'd really like to, but I cannot do it.' I said I was busy.

"It was actually because I didn't think it was fair to put the school in a position where some parents might be upset that someone accused of sexual assault was doing this.

"I was really, really upset about not being about to do that."

Similarly, he was in turmoil over becoming a coach at his children's rugby club and whether the Criminal Records Bureau check would flag up the civil court action being taken by Mrs Giles. He also had to inform his children's school of the case.

"I had to go to the head teacher and say 'By the way, I'm in court this week being sued for sexual assault and harassment, will you look after the kids?' That was unspeakably difficult," Dr Thomson said.

"The head teacher is very professional, very approachable and I believe a very good judge of character.

"She said 'Angus, that's absolutely horrible for you, I'm sure it will be fine, good luck.'"

Even after the collapse of the case, the fear of being tarred with guilt by association to one of the most serious allegations against a doctor remains. He worries that patients will draw the wrong conclusion after putting his name in Google.

He was alleged to his sexually assaulted Mrs Giles, supposedly giving her two orgasms in 90 seconds, in the presence of a nurse, who dismissed the idea in court.

Other staff from Droitwich Spa Hospital gave evidence that she only made the complaint after a failed attempt to force Dr Thomson to see her as a patient after he had discharged her.

"These allegations are extremely serious in any walk of life, but in medicine and certainly in gynaecology, it is just monstrous to be accused of these things," he said.

"The last three years have been a real rollercoaster. There have been times when it hasn't been in my mind at all and spells of weeks and even months when it has been all-consuming.

"There have been many episodes of sleepless nights and we are still having sleepless nights.

"The trauma of the courtroom was immense, my wife is still very upset by it.

"I'm healing more quickly than she is because I'm back at work and she's on Christmas holidays with the kids. Whilst I'm getting all the support from colleagues and patients, letters from friends, she's not.

"She is getting some letters, but the support around me has really started to get me through this."

His wife, a GP, stood by him throughout and Dr Thomson said if anything the allegations had brought them closer together.

"My wife had known there was a patient who had been making contact unnecessarily, so although she was as shocked as I was, she's never suggested she had any doubt at all. She's been behind me 100 per cent the whole way," Dr Thomson said.

"I've been very fortunate because this didn't come out of the blue. I didn't have any marital disharmony because of it. I'm sure we would have had if I hadn't already highlighted there was a difficult patient."

Friends and colleagues have also been supportive. Dr Thomson said their house was "like a florists" because of all the flowers sent by well-wishers and he was particularly moved by letters written when the allegations first became public, during the week of the civil court case, before he had been cleared.

Patient-doctor confidentiality had barred the other doctor who was pestered by Mrs Giles from coming forward until the court case was reported by the media and therefore entered the public domain.

And while Mrs Giles was ordered to pay Dr Thomson's court costs of £30,000, unlike in other legal systems he does not have the right to counter-sue.

"I have no interest in personal redress now. I'm not chasing that at all," he said.

"By far the biggest cost personally has been emotional. I've not been to the doctors, I'm not taking sleeping tablets. I'm fit and healthy, just a little bit stressed - I don't think going through another court case would help that.

"But I think the right to redress would be a deterrent against false claims."

Dr Thomson also said some thought should be given to offering anonymity to doctors facing such complaints, although he points out it helped his case as the GP was able to come forward.

Despite his experience, he is still conscious of the need to protect patients, even wondering what would happen if Mrs Giles was to become the victim of medial malpractice in the future.

"I think doctors are always vulnerable to allegations which sometimes are very difficult to prove or disprove, but we also have got to remember that bad things happen to patients and we have got to put a stop to that," Dr Thomson said.

Source:telegraph.co.uk/

No comments:

Post a Comment