A doctor who performed the wrong surgery on patients and tried to cover it up has been struck off.
Dr Claudia Martinez Higueros was erased from the medical register in April after operating on the wrong kidney and lung of two separate patients at Chelsea and Westminster Hospital in a span of three months.
The General Medical Council said the Madrid-educated radiologist committed serious misconduct when she then tried to cover up her mistakes by blaming colleagues and altering medical records.
A tribunal which reviewed her case in April said the doctor showed a “reckless disregard” for patient safety and had put her own interests above others.
The panel wrote: “[We are] determined that, having found Dr Martinez Higueros to have acted dishonestly, coupled with clinical failings, erasing Dr Martinez Higueros’ name from the medical register was the only appropriate sanction in this case.”
Panellists heard how in December 2019 the clinician performed a right-sided lung drainage on a patient who complained of breathing difficulties when she was meant to take a biopsy from the left lung.
She blamed the mix-up on a junior colleague who she claimed failed to brief her only to later admit the pair had had an “informal” discussion about the procedure before surgery.
The doctor also blamed the hospital’s record-keeping system before saying she decided to change the procedure on medical grounds and had the patient’s consent to do so.
But colleagues said Dr Martinez Higueros had been notified in advance to operate on the left lung and never notified them of the change.
The doctor was confronted later that day and claimed falsely in notes that she had contacted the medical team before conducting the procedure.
In February 2020, Dr Martinez Higueros performed a biopsy on the wrong kidney of a patient who had blood in their urine.
She had taken a biopsy of the patient’s right kidney and later tried to cover up her mistake by falsely changing her notes and asking the histopathology department, which was testing the biopsy, to do the same.
Dr Martinez Higueros maintained she had operated on the correct kidney and changed medical records to reflect this when confronted by colleagues three weeks later.
She then blamed two doctors who were not in the operating theatre at the time of the botched procedure. The patient was forced to retake the surgery.
The panel wrote: “Dr Martinez Higueros knew during the meeting on February 28, 2020 that she had made a mistake. She realised that she had performed the biopsy on the right kidney instead of the left kidney.
“From that point on, Dr Martinez Higueros made attempts to cover up her mistake, telling untruths during the meeting, making an addendum report, and requesting the histopathology report to be updated. These attempts to cover up her mistake could have affected patient safety.”
Dr Martinez Higueros admitted things “should have been done differently” in a letter to the panel and said she had been new to the job at the time.
Her counsel said the doctor’s actions had not harmed patients and that she had a clean record up until these incidents and had worked incident-free since. He said Dr Martinez Higueros had also taken a number of courses.
But panellists said the doctor had abused her position in the hospital and since failed to show any insight into the gravity of her actions. They found her apology “brief, couched in general terms and not specifically related”.
They wrote: “Dr Martinez Higueros does not consider in any detail the potential impact of her actions and dishonesty on Patients A and B and on the standing of her colleagues and the medical profession.
Also, Dr Martinez Higueros reflections are silent on how she would prevent a similar situation arising again and the mechanisms she has in place to ensure there is no repetition.”
The panel said the doctor, who qualified in 2008, risked serious harm to patients and her actions were difficult to remediate.
Dr Martinez Higueros was struck off the medical registry on April 19. Her legal representative was contacted for comment.
