‘Dangerous’ surgeon ‘should be kept away from patients’, tribunal told

A surgeon can only practise medicine under strict supervision after a damning report on his performance. Dr Edgar Garcia, a former specialty grade surgeon, was “dangerous” and “should be kept away from patients”, a medical tribunal heard.

Dr Garcia, who qualified in 1987 from University Central de Venezuela, went on to become a surgeon in trauma and orthopaedic surgery at Swansea Bay health board. He was suspended from clinical practice in 2017 due to concerns about his performance. Two years later, a General Medical Council assessment found his ability to maintain professional performance was “unacceptable”.

The assessment also concluded there was “cause for concern” over Dr Garcia’s skills in assessment, clinical management, safety and quality, relationships with patients, and working with colleagues. These findings were later upheld by a tribunal panel, who concluded “it was fortunate that no patients had come to harm”. For the latest Swansea news, sign up to our newsletter here

In his knowledge test Dr Garcia had scored 53.33% — below the minimum standard mark of 63.57%. There was also criticism from “third-party interviewees”. Panel chairwoman Marianne O’Kane said: “When he presented his work to a departmental meeting, his presentation was seen as bad by the third-party interviewees. He had trouble translating theoretical knowledge into clinical practice and when asked about keeping up to date he rarely mentioned attending courses.”

Two interviewees felt Dr Garcia would “revert to his old ways despite feedback being given”. One claimed the surgeon “should be kept away from patients, that he was beyond the support and help normal channels could provide, and that he lacked insight and was dangerous”. The assessment found Dr Garcia did take some professional development courses but “did not keep all his professional knowledge and skills up to date”.

The panel concluded Dr Garcia had “significant communication problems”, not in terms of his English but rather in “the manner of his communication with patients and colleagues”. Despite the fact he had scored below the minimum standard for ‘listening’ in an English test, the panel did not find him to be impaired on this basis.

They also felt he had “become too focused on the concerns raised about his knowledge of English and the perceived injustices he had experienced in being referred for a performance assessment”. After finding Dr Garcia had shown “minimal efforts to remediate”, the panel imposed restrictions on his ability to practise for 18 months.

When that period had nearly passed and the conditions were about to end, there was a tribunal this month to reconsider the case. The panel again imposed restrictions, this time for three years. Ms O’Kane said the circumstances had not “materially changed”, although the former surgeon had tried to “maintain a level of knowledge”. She added: “While Dr Garcia has made significant efforts to secure employment, he has not yet been able to do so. This has severely restricted his ability to refresh and update his clinical knowledge and skills.”

The panel imposed three years of conditions on Dr Garcia’s registration. These mean he can only work under supervision and cannot work as a locum, out of hours or on call. Dr Garcia must also design a personal development plan to address his “deficiencies”.

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