Married NHS surgeon, 44, who told a patient she was a ‘lovely lady’ with a ‘nice smile’ then texted her in hopes of an affair is suspended for 12 months

• Dr Vishwajeet Kumar, 44, was suspended after pursuing an affair with a patient
• He made the woman uncomfortable by ‘hugging’ her after examining her feet
• During 15-minute appointment Dr Kumar asked patient, in her 50’s, for number
• He then sent Whatsapp messages asking her for lunch and coffee but the woman refused as it was against her ‘principles’ as he had a wife

Dr Vishwajeet Kumar, 44, leaving his Medical Practitioners Tribunal Service hearing at the GMC in Manchester

An NHS orthopaedic surgeon has been suspended for 12 months after he pursued an affair with a patient – hugging her and telling her ‘You’ve made my day’ after examining her during an appointment, then texting asking to meet. 

Dr Vishwajeet Kumar, 44, left the woman feeling embarrassed and confused after making ‘inappropriate’ comments while examining her feet in his lap during a 15-minute appointment – he told her she had a ‘lovely smile’ – adding: ‘Can I just say what a lovely lady you are.’

The married father-of-one, who works at Wrightington Hospital in Wigan, Greater Manchester, also asked the woman if he could have her phone number and later suggested the pair go out for lunch or coffee together.

He subsequently sent the woman Whatsapp messages saying: ‘Can I come and see you. It’s nice to see you today, I hope that you have a good rest of your day.’

Dr Kumar claimed he made the comments as he felt he had a ‘connection’ with the woman as both had gone through recent family bereavements.

But he was reported to the General Medical Council which said his comments were ‘inappropriate’ and accused of him of pursuing an affair with the patient.

Dr Kumar, from Standish, Wigan, denied sexually motivated conduct – but a tribunal found there was ‘sufficient and persuasive evidence’ that the messages were sent in the pursuit of a sexual relationship.

The Medical Practitioners Tribunal Service was told the consultation at the hospital took place in February 2017 after the woman known as Patient A had gone to Dr Kumar for physiotherapy on her feet following surgery she had to undergo due to a fall.

Peter Atherton lawyer for the GMC told the Manchester hearing: ‘Dr Kumar behaved inappropriately with Patient A. During this meeting he said: ‘Can I just say what a lovely lady you are’, ‘you’ve got a lovely smile’, ‘you’ve made my day’ and ‘you’re my last patient’. He then hugged Patient A.

Dr Vishwajeet Kumar an NHS orthopaedic surgeon was fighting to save his career after he hugged a patient and told her: ‘you’ve made my day’ as he examined her poorly feet

‘What is alleged is that he also invited her out for lunch and a coffee and said: ‘Can I come and see you.’ It is also alleged that he placed her foot on his thigh for longer than needed. At the end of the consultation Dr Kumar then sent her a message saying: ‘It’s nice to see you today, I hope that you have a good rest of your day.’ The messages then continued.

‘We say these were inappropriate approaches in an attempt to establish an improper relationship. The course of conduct was sexually motivated.’

Giving evidence Patient A, aged in her 50s, said: ‘My foot was in his lap and I thought that wasn’t right. He then made a comment that I didn’t think was right and I started to feel uncomfortable that my foot was still in his lap. I found his comments confusing to start with, but I suppose when compliments are made, you look at that person in a different way. I was a bit embarrassed actually.

‘He did say to me that I was the last patient of the morning and that I made his day, and he said: ‘Do you want to get a coffee?’ The way I felt and the things he was saying wasn’t what I went to the consultation for. I felt very uneasy, very awkward and quite unhappy about it really – I actually wanted to get out.’

The married father-of-one was working at Wrightington Hospital in Wigan, Greater Manchester, when he made advances on a patient

‘I came out feeling very confused and although I did think he was quite nice, it was not a consultation that I expected. When somebody makes a compliment, you look at that person in a slightly different way. My feelings in that room were of being uncomfortable and I was trying to distract him away from the compliments. I was there about my foot and nothing else.’

The hearing was told Patient A agreed to give the doctor her mobile phone number and she replied to one of his text messages saying: ‘Yes, I had a good day, you? I just went to see a friend.’

But it was claimed the friendship soured when the patient noticed Dr Kumar’s profile picture on his WhatsApp messages included pictures of his family, and she realised he was married with a son, aged 10.

The doctor suggested the pair could be friends, but Patient A was said to have responded: ‘I have enough male friends, I would want it to be more than that. If you have a wife, that is against my principles.’

Dr Kumar told the hearing: ‘This is clearly just a one-off incident which I am regretful of. It’s something that I never should have done, and I am regretful of that. I have learned more, and I am starting to take it more seriously since the incident. I am respecting professional barriers and I have always had a good professional relationship with my patients.

‘I have made a mistake and it is a one-off mistake. I will never let it happen again in my professional career.’

When asked why he hugged the patient, Dr Kumar added: ‘It was just an instinct without giving it any thought. It was in good faith because the patient was friendly and talkative. We were talking about family, and she had nice mannerisms. I still feel like she had a good consultation.

‘I felt like I connected with her. I was recovering from going through bereavement myself – both my father and my mother had died recently. My intention was to help this patient, she had three falls in December. I understand that I was not professional, but I wanted to help her.

Dr Kumar admitted that the idea of a relationship was initially considered by him during the consultation, and he also admitted that he crossed professional boundaries

‘Yes, I made a mistake – I am a human. I am a doctor, and I consider myself to be a nice and caring doctor, and my patients are always at the centre of what I do. I would not say that I thought she was attractive, I just found her engaging and nice. I would refrain from saying she is an attractive woman.

‘I felt connected to her emotions and feelings. I would never go out for lunch or coffee with a patient. I remember recommending that she got a coffee, but I didn’t invite her for one. I wanted a friendship, I wanted to talk about bereavements.

‘I understand my wife is there for me, but she is not able to give as much support as I hope. My best friends are not here either. I understand I should have discussed this with my colleagues, and patients are not friends.’

Chair of the tribunal Miss Sally Cowen said: ‘The tribunal has no concerns about Dr Kumar’s clinical management of Patient A, which it considered to be competent and appropriate. However, the tribunal was of the view that it was Dr Kumar’s behavior during the consultation that led to the pursuit of a relationship in his subsequent messages to Patient A.

‘The tribunal noted that Dr Kumar admitted that the idea of a relationship was initially considered by him during the consultation, and he also admitted that he crossed professional boundaries.

‘The Tribunal determined that Dr Kumar’s actions were serious and would be regarded by fellow practitioners as deplorable. The Tribunal also noted that Dr Kumar is in a position of trust in the doctor/patient partnership.’

The Tribunal, having found that the facts found proved amounted to misconduct, determined to immediately suspend Dr Kumar’s registration for a period of 12 months.

The allegation that Dr Kumar held Patient A’s foot onto his thigh for longer than needed was found not proved by the tribunal.

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