A doctor who shook a ‘difficult' patient, shouted at them and slapped them across the face before saying to colleagues “that felt good,” has been cleared of any wrongdoing.
Dr Ziyad Al-Janabi appeared at the Medical Practitioners Tribunal Service (MPTS) to answer allegations over his behaviour in Ayr Hospital’s ‘Red Resus’ area.
The incident took place on May 23, 2020, when Al-Janabi, a specialist doctor in emergency medicine, was working in the ‘Red Resus.’
Red Resus is an area for patients who are very unwell and, at that time, was being used to treat those suspected of having Covid-19.
It was claimed his behaviour ‘concerned’ colleagues when he treated a semi-conscious patient, who’d been admitted with a suspected drug and alcohol overdose.
On arrival at A&E, the man, known only as Patient ‘A’ had been semi-conscious but had become “agitated and combative.”
Staff in attendance were “unable to restrain” the patient and called for Dr Al-Janabi.
He attended, repositioned the patient onto a trolley, but while doing this, he allegedly shook the patient, shouted at him and slapped them, before saying ‘that felt good.’
The incident was reported, leading to an investigation over Al-Janabi’s fitness to practise.
According to the MPTS report, Dr Al-Janabi saw the patient on his arrival and, after completing the usual checks, delegated care of the patient to another doctor.
However, when he returned, he found the patient was “more alert,” in an agitated state and “lashing out” at staff.
Dr Al-Janabi administered sedation, with staff believing “some degree of progress” had been made.
But the patient became agitated again, trying to get off the trolley, and the staff in Red Resus Room 4 couldn’t restrain him.
Dr Al-Janabi was summoned back to assist and it was on this third encounter that the alleged incident happened.
After considering all the evidence the MPTS said in their 30-page report that Dr Al-Janabi “moved swiftly” to “take control” of a difficult situation and that he held the patient’s head in his hands while shaking it up and down and shouting at him to “get his attention.”
But, said the MPTS, that shaking had been “neither vigorous nor harmful.”
The report goes on: “On failing to get Patient A’s attention by other means, Dr Al-Janabi had then slapped the patient on the cheek, a little harder than he might have done had he been administering a tap in a calm, clinical setting.
“On realising that his actions had startled those present, Dr Al-Janabi had said words to the effect of ‘that felt good’ in an ill-judged attempt to lighten the atmosphere.”
MPTS tribunal chair Helen Potts added: “The Tribunal was satisfied that Dr Al-Janabi’s first concern had been Patient A’s safety and the safety of staff in the room. The purpose of the shaking and the slap, neither of which had been aggressive, had been to get Patient A’s attention in order to prevent harm to himself and others.
“In that context,the Tribunal concluded that Dr Al-Janabi’s actions could not be said to have caused Patient A harm.”
Dr Crawford McGuffie, medical director at NHS Ayrshire & Arran said: “The member of staff referred to remains employed by NHS Ayrshire & Arran. He has fully co-operated with the organisation throughout the investigation and tribunal process.
“To respect and maintain employee confidentiality, no further information will be provided at this time.”
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