A SURGEON at Stafford Hospital has been judged fit to practise after what he says was a “flawed” performance assessment. A Medical Practitioners Tribunal Service panel decided general surgery consultant Raafat Gendy’s performance was not deficient and therefore his fitness to practise was not impaired. The case was brought following a General Medical Council assessment of his standard of professional performance. It was alleged that his performance was “unacceptable in relation to abdominal and skin surgery and also record keeping and other good clinical care” and fell below the peer group in the Objective Structured Clinical Examination test. But Mr Gendy, who denied all the allegations, started proceedings in the High Court to challenge the assessment. He said: “I provided evidence that the process of performance assessment was fundamentally flawed. The decision to refer my case to FTP (Fit to Practise panel), based on such assessment, was both unreasonable and unfair. “The high court hearing appears to be irrelevant now as the FTP panel has rejected the GMC allegations.” The MPTS panel said that the OSCE scores could not be extrapolated to be a reliable, overall measure to indicate a general level of professional performance. A significant number of other criticisms had been dropped by the GMC from the assessment report, others were not upheld and the panel concluded that remaining criticisms relating to record keeping could not be said to represent a fair sample of Mr Gendy’s work. The panel determined that the facts found proved did not connote a standard of professional performance which was so unacceptably low as to amount to deficient professional performance. The MPTS panel ruling was made in March. The Newsletter would like to apologise for the delay in reporting the findings of the panel and any embarrassment this may have caused.