A doctor who was censured by the Medical Council and who fell off the medical register for several years faces fresh allegations that he failed to inform a new employer of conditions attached to his registration.
A Medical Council fitness-to-practise inquiry on Thursday heard claims that Dr Eltayeb Elkhabir failed to make the conditions known when employed by Medix Clinic, Sandyford, during the period between in or around December 19th, 2022, and in or around January 6th, 2023.
The inquiry also heard allegations against Dr Elkhabir of failing to have the appropriate level of professional indemnity cover.
It was alleged that Dr Elkhabir engaged in the practice of medicine at the Medix Clinic, during which time he knew or ought to have known that he did not have any and/or the appropriate level of professional indemnity cover in place.
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The inquiry also heard that in or around December 2022 Dr Elkhabir engaged in the practice of medicine, for a period of 11 days, at the MyDocs Surgery in Newbridge and/or Naas, Co Kildare, during which time he knew or ought to have known that he did not have any and/or the appropriate level of professional indemnity cover in place.
The requirement to inform employers of the conditions attaching to his registration followed an order of the High Court dated November 27th, 2013.
This followed a fitness-to-practise inquiry in 2012 where Dr Elkhabir, a Sudanese national, was found guilty of professional misconduct for behaviour which included making inappropriate comments to a patient for which the Medical Council decided to remove him from the register.
In the High Court, where Dr Elkhabir sought to appeal that decision of the Medical Council, both he and the professional regulatory authority agreed that this decision would be set aside.
It was further agreed that Dr Elkhabir would be censured and that his registration would depend on informing any employer of the conditions attached to his registration, that he would undergo a course and that he would also engage with a mentor.
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Dr Nemer Osman, who gave evidence for Dr Elkhabir on Thursday, was the registrant’s mentor.
Dr Elkhabir told the inquiry that previous inquiries by the Medical Council into his behaviour related to him talking in hospitals about his Muslim faith. “The way I dealt with patients was unprofessional. For example I spoke telling my religious views regarding a medical condition, that was not right,” he told barrister Eoghan O’Sullivan for the chief executive of the Medical Council.
Dr Elkhabir had been sanctioned by the Medical Council in 2008 after an incident at St Columcille’s Hospital in Loughlinstown, Dublin, where he told a patient with epilepsy it could be seen as “a sign of the devil in you”, and that epilepsy could be caused by sexual activity.
He gave that patient his mobile number, and said she could call if she wanted to know more about Islam. Dr Elkhabir was ordered by the Medical Council to complete a course in ethics.
On a number of occasions on Thursday, Dr Elkhabir was reminded to answer the question put to him, including those under cross-examination, from Mr O’Sullivan. “Your friend, Dr Osman, said that you don’t listen. Well you’re giving a masterclass here today. You have to listen to and answer the question asked,” said legal assessor, Patricia Dillon SC.
It was put to Dr Elkhabir by Mr O’Sullivan that in the 2012 inquiry he was found guilty of professional misconduct for behaviour which also included refusing and/or failing to attend to a patient, who had presented on February 2nd, 2011, with chest pains, within a reasonable amount of time.
Dr Elkhabir told Mr O’Sullivan that he was exhausted at the time, that he was working a 24-hour shift, which he said was no longer allowed as a result of this incident.
Mr O’Sullivan, during his cross-examination of Dr Elkhabir, also outlined other Medical Council inquiries regarding his behaviour.
These included an inquiry in 2011 regarding incidents the previous year involving inappropriate communication, including via mobile phone, with a female patient for which Dr Elkhabir was found guilty of professional misconduct.
There was a further inquiry in 2014 regarding inappropriate comments made by Dr Elkhabir.
Dr Elkhabir went off the register in 2016 and was restored in 2021, subject to the conditions of the 2013 High Court order.
In the present inquiry, the council’s chief executive, Dr Maria O’Kane, is also alleging that Dr Elkhabir’s behaviour amounted to professional misconduct, which the registrant is denying.
The inquiry heard that Dr Elkhabir, who represented himself at Thursday’s hearing, had legal representation until recently.
Dr Elkhabir also told the inquiry he has a wife, one daughter and three sons.
The fitness-to-practise committee will reconvene at a future date where its findings, if any, will be announced in public.
