Top surgeon was 'five times over' drink-driving limit when he crashed into barriers at the Freeman Hospital
by Sam Volpe · ChronicleLiveA leading surgeon was more than five times over the drink-driving limit when he crashed a car into barriers at the Freeman Hospital.
Consultant orthopaedic surgeon Paulo Torres, who has specialised in foot and ankle surgery at the same hospital since 2012, was experiencing "crisis" when the offence happened. Dr Torres was convicted after admitting driving while over the alcohol limit on March 21 2022, After his conviction he was given a 12 week suspended jail sentence and banned from driving for 36 months.
Following this has now been subject to a hearing at the Medical Practitioners Tribunal Service between November 4 and November 12. The tribunal panel led by Mrs Nessa Sharkett found his ability to practise medicine was impaired, and imposed a series of conditions on him - though did not suspend him from the medical register.
The hearing panel has found that his fitness to practice was impaired, he had brought the profession into disrepute and "undermined public confidence". However, it also heard Dr Torres had demonstrated "significant insight" into his offending, and determined that he would be able to continue practising as an NHS doctor - though with conditions on his registration.
The incident took place on the afternoon of February 22, 2022. The tribunal ruling highlights what happened. It reads: "At about 4.30pm on 22 February 2022 Dr Torres was noticed driving erratically by a police officer.
"The officer followed Dr Torres and witnessed him travel in the direction of the Freeman Hospital [...] and mount the pavement before crashing into a metal barrier outside the hospital. Dr Torres was subsequently arrested and held overnight in police cells.
"Dr Torres was subject to two breathalyser tests at 5.44pm and 5.48pm, when readings of 190mcg and 175mcg were recorded (the legal limit is 35mcg of alcohol in 100ml of breath)."
Thomas Moran acted as counsel to the General Medical Council, which brought the proceedings. According to the tribunal ruling: "He submitted that it was only good fortune that nobody was hurt when Dr Torres drove and crashed his vehicle, given the level of his intoxication and the effect it had on his ability to stand up."
The tribunal covered four allegations, two relating to Dr Torres' conviction and sentence, and two which have not been made public. The hearing heard from Dr Torres himself, while colleagues also provided testimonials in his support.
According to the ruling: "Dr Torres told the Tribunal of the shame and remorse he immediately felt about his conviction and how he has tried to recall how it was that he decided to drive that day. He did wish to stress, however, that by saying that he was not in any way seeking to excuse his behaviour. He accepted that he and he alone had been responsible for his actions on that day."
In the ruling, tribunal chair Mrs Sharkett added: "He remained responsible for his actions and given the circumstances in which he drove and the high level of alcohol in his breath at the time there can be no doubt of the seriousness of this offence. Further, there can be no doubt that his actions resulting in the conviction had the potential to put others at risk of harm and undermined public confidence it the profession. Furthermore, the Tribunal considered that Dr Torres’ conviction brought the profession into disrepute."
According to the ruling, Dr Torres' legal representative, Tom Day, told the tribunal his client had "shown obvious and sincere remorse for this conduct".
"He submitted that Dr Torres has not sought to minimise his conduct and fully accepted that he alone is responsible for his actions," the ruling continued.. "He submitted that Dr Torres had been uncomfortable discussing his background as he did not want it to look as if he was seeking to excuse himself. He submitted that Dr Torres is ashamed and had reflected on the conviction to the point of rumination. He asked the Tribunal to find that he has demonstrated sincere, deep and everlasting remorse."
According to the ruling, Mr Day added: "There is a public interest in allowing Dr Torres to continue to work given the specialist nature of the work he carries out and the high regard in which he is held."
The tribunal panel found that Dr Torres had shown "significant insight" into his offence and it was "unlikely that he would allow himself to be put in that position again".
As a result, Dr Torres, can continue to work. The conditions on his medical registration include that he informs the GMC of full details of his employment and a "responsible officer", must have a "workplace reporter" in place monitoring him, and must inform a GMC adviser if he accepts any new jobs.
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