Dr Varaha Vijaya Nageswara Konathala was employed at Kenwood Medical Centre in Gants Hill when he was given a one-year suspension by the General Medical Council (GMC) last February.
A tribunal had concluded that Dr Konathala had touched a patient’s breasts inappropriately and that his motives were sexual.
But last Wednesday (February 26) a second GMC tribunal decided that Dr Konathala can return to practice unrestricted at the conclusion of his one-year suspension as he does not pose a risk of harm to the public.
Dr Konathala was the subject of a Met Police investigation after the allegations were made in 2019 but the police decided to take no further action due to evidential difficulties.
He denies the allegations.
‘Really creepy and strange’
A tribunal previously heard that in 2019 the woman, referred to as Patient A, attended a consultation with Dr Konathala complaining of ankle pain and then later in the consultation requested contraception.
Patient A said Dr Konathala explained that he would need to do a general health check and then started to lift her top, touched her back, chest and breasts.
She stated that she found Dr Konathala’s actions to be “really creepy and strange” and that “the way he was touching me did not feel like a doctor checking me”.
Describing the incident, she said: “I was numb because it was so uncomfortable what had happened and in my mind I was trying to make excuses that maybe this is the procedure, it’s nothing wrong.
“It wasn’t until the very end when he came so close to me and it felt like he was going to, you know, do something, like kiss me, that’s when I left and I pulled my top down and then I went to sit down.”
Patient A said she burst into tears as soon as she left the practice.
Patient A said she went to the police because she wanted to make sure “other people don’t have to put up with this”.
But after Dr Konathala’s denials, no further action was taken.
The Met stated that the did not feel they had the evidence to secure a charge due to a lack of witnesses, CCTV and forensics.
Dr Konathala said: “I did not examine Patient A’s breasts, back or chest as alleged. I deny that I touched her top, back, hips and breasts.”
But the tribunal said parts of his evidence were “implausible” and suspended him for one year.
‘Not a risk to the public’
When he was handed his initial suspension, the tribunal directed a review of his case after one year.
Last Wednesday evidence was submitted on Dr Konathala’s behalf that he had reflected on the initial findings and gained insight.
Whilst he continues to deny the allegations it is said he “has reflected extensively on his learning, how he has improved, and how he will embed this learning into his future practice”.
He also proposed safeguards to prevent similar allegations from arising.
The GMC report concluded: “The tribunal found that Dr Konathala had developed significant insight into his misconduct, had undertaken thorough and relevant remediation, and had demonstrated a low risk of repetition.
“Given the significant progress Dr Konathala had made in developing insight and remediating his conduct, the tribunal concluded that a further finding of impairment was not necessary to address public confidence.
“The tribunal determined that there was not a risk of harm to the public if Dr Konathala was allowed to return to practice unrestricted.
“It determined that his fitness to practise was no longer impaired and that the public interest had been adequately addressed by the 12-month suspension and his subsequent efforts to develop insight and remediate.”
