'Golden boy' transplant surgeon's suspension extended

A transplant surgeon who was found to have sexually harassed four female colleagues has had his eight-month suspension extended to a year.

James Gilbert worked as a senior registrar in 2008 and 2009 for Oxford University Hospitals (OUH) NHS Trust and as a consultant between 2010 and 2022, when he was sacked.

One woman said his status was the "golden boy" of the department and that he was the "be-all and end-all for transplants in Oxford".

The General Medical Council (GMC), which argued for a tougher sanction at the High Court on Thursday, said it was disappointed that Gilbert had not been struck off the medical register.

The GMC, supported by the Professional Standards Authority for Health and Social Care, said the eight-month suspension was "insufficient to protect the public".

Mr Justice Calver imposed a 12-month suspension, the longest possible, and said the Medical Practitioners Tribunal Service (MPTS) panel had erred twice at Mr Gilbert's tribunal in August.

The judge found that the doctor imitating an Indian accent and telling a man "Oh, when are you leaving the country now?", or words to that effect, and referring to Brexit, was racist.

He also found Mr Gilbert telling a colleague "look at all that fat, this is what happens when you eat chapatti" during an organ retrieval procedure constituted harassment.

The MPTS panel had previously found that those charges were not proved.

In other claims, he reportedly said to one trainee while working in Oxford: "You're a well together girl, you must always wear matching underwear. What kind are you wearing now?"

Another trainee was allegedly asked about matching underwear, and on one occasion he reportedly stared at her and said: "I have been watching you and you're pretty perfect."

In May 2021, OUH excluded Mr Gilbert after concerns were raised but he was allowed to return six weeks later with restrictions on his practice.

An email was then sent to surgical trainees inviting them to flag up concerns, leading to Mr Gilbert's dismissal in May 2022.

Mr Justice Calver said the 12-month suspension "reflects the seriousness" of Mr Gilbert's misconduct.

He added it woyld also give Mr Gilbert "an adequate period to reflect upon and remediate his behaviour" but that it was "not suggested that Mr Gilbert was other than a highly competent surgeon".

Mr Gilbert told the MPTS that the disciplinary process had been "humbling, humiliating and deeply shameful".

He said he was a "different person and a fundamentally changed practitioner from the doctor whose conduct led to [the] complaints being raised" and apologised for his behaviour.

In a statement, the GMC said: "We thank the doctors who came forward to raise the serious concerns about Mr Gilbert with their employers.

"It is concerning that such behaviours went unchallenged for so long."

The GMC said it would make submissions to the MPTS about the doctor's fitness to return to work at the end of the suspension period.

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