Doctor who called junior colleague 'bad girl' and squeezed her waist is struck off
GoogleA doctor who sexually touched two junior female colleagues and sent them flirtatious messages has been struck off the medical register.
Dr Velmurugan Kuppuswamy was working as a locum consultant cardiologist at Withybush Hospital in Haverfordwest, Pembrokeshire, when he "objectified" the women, told one she was a "bad girl" and squeezed her waist.
A Medical Practitioners tribunal found a pattern of behaviour and concluded his actions were "sexually motivated" and created "an intimidating, hostile, degrading, humiliating or offensive environment".
Hywel Dda health board said it was "committed to providing a safe, supportive environment" for patients and staff.
Between August and October 2021, Kuppuswamy, known as Dr Vel, sexually harassed two colleagues - known as Dr A and Dr B - and abused his position.
The tribunal's decision report stated he sent inappropriate messages to Dr A which were "overfamiliar" and "flirtatious".
While attending a party in a communal space of the hospital's staff accommodation in September 2021, he hugged her, touched her back, and squeezed her waist.
The panel heard how he grabbed and squeezed her wrist, pulled her towards him, smirked and winked at her, and told her she was a "bad girl" in response to her making a comment to him about smoking being bad for health.
In a witness statement given to the General Medical Council (GMC), she said she "felt exposed" and his actions "felt so wrong".
And in a statement to police, she said she tried to pull away from him and told him he was hurting her.
Despite a police investigation, no charges were brought.
At the same event, he told Dr B to "keep doing that sexy dancing for me", put his hand on her thigh, and squeezed near her groin area.
During the party, Kuppuswamy followed a group of female colleagues when they moved to a different area and stared at them while they were dancing.
He also told the two women they should use their chests as paddles while he was playing a game of ping pong against them at the party.
In a witness statement, Dr A said she was one of the first people Kuppuswamy hugged when he arrived at the party, adding he "stepped towards me and put his arms out, aimed at my waist, enveloping me".
"I wouldn't push a consultant away and I didn't have a choice in how I responded. I was just standing there and did not have my arms held out towards him," she said.
"Both his hands were on my waist and squeezing. Dr Vel's hands were crossed over on my lower back, flat to my back, quite low and I felt uncomfortable.
"I noticed that with every female he greeted, he would specifically go for a hug around their waist, leaving his hands on the smallest part of their waist."
Lee Fish, who represented the General Medical Council at the hearing, told the panel Kuppuswamy's name had previously been struck from the medical register in January 2012 after "findings of dishonesty were made" against him.
He told the tribunal that Kuppuswamy successfully applied to be restored to the register in November 2020 – less than a year before the sexual harassment occurred at Withybush.
"His behaviour, which involved multiple instances of unwanted physical touching, was sexually motivated," the tribunal concluded.
'Treated them like sexual objects'
Throughout proceedings, Kuppuswamy claimed the allegations against him were a result of his "whistleblowing", linked to performance concerns he raised in relation to another doctor at the hospital.
He said Dr A and Dr B were "confabulating" events to target him and that Dr B was an unreliable witness due to a previous traumatic experience.
But the panel did not accept that the evidence he presented was consistent with these claims.
Kuppuswamy was also "reluctant to accept that there was a power differential between himself and Dr A as he was only a locum consultant".
But, in his evidence, he referred to both colleagues as "girls" multiple times and the tribunal was "satisfied that Dr A was a junior colleague and that there was a power imbalance".
The report added: "The tribunal considered that calling a junior colleague 'a perfect sweetheart' and asking her to dance with him was in itself inappropriate because of their lack of personal relationship and due to the pressure the imbalance of power was likely."
The panel acknowledged feedback provided on Kuppuswamy's behalf "was broadly very positive" and "demonstrated that he is an otherwise good doctor who is clinically competent and respected by his colleagues and patients".
"However, given the nature of the case and the serious findings against him, testimonials regarding his clinical practice... were not sufficient to demonstrate insight or remediation in respect of his sexually motivated misconduct," the report said.
An apology letter written by Kuppuswamy was also submitted to the tribunal, "however, this letter... did not accept any fault but rather apologised if anyone had 'misinterpreted' his actions or intentions as inappropriate or overfamiliar".
Kuppuswamy was struck from the register which he can apply to be restored on to in five years' time.
He was also suspended to cover the 28 days from 28 January - the time he has to appeal the decision.
The tribunal considered that Kuppuswamy had "failed to act with integrity" and "was satisfied [his] behaviour represented a significant breach of professional boundaries and had clearly fallen seriously below the standards expected".
It said Kuppuswamy "treated Dr A and Dr B like sexual objects that could be used for his own sexual gratification" and concluded his conduct "fell so far short of the standards of conduct reasonably to be expected of a doctor as to amount to serious misconduct".
"The public ought to be able to trust doctors to conduct themselves with integrity, including working, and otherwise interacting appropriately with junior colleagues and medical students," it said.
The health board's medical director, Mark Henwood, said it was not policy to comment on current or previous staff, but added: "We have robust policies and procedures in place to ensure the safety of both staff and patients in our care and we take seriously our responsibility for their wellbeing.
"We are committed to providing a safe, supportive environment where patients and staff can be confident that best practice is being followed at all times."
