An orthopaedic surgeon has been allowed to keep his job despite crashing his car into hospital barriers while more than five times the drink-drive limit.
Dr Paulo Torres, a foot and ankle specialist, was spotted by a police officer driving erratically before he crashed into the barriers near the hospital where he worked.
However, the Medical Practitioners Tribunal Service has decided to let him keep his job after hearing he was in personal “crisis” at the time of the offence.
Dr Torres was spotted driving erratically by an officer at around 4.30pm on 22 Feb 2022, the tribunal heard.
As the surgeon reached the Freeman Hospital in Newcastle upon Tyne, he mounted the pavement and crashed into the barriers and was discovered slumped drunk at the wheel. He was later arrested.
Two breathalyser tests revealed he was five times the drink-driving limit, with readings of 190mcg and 175mcg – the legal limit is 35mcg of alcohol in 100ml of breath.
Hadley Freeman Hospital in Newcastle
Tom Moran, for the General Medical Council (GMC) told the hearing it was “only good fortune” that nobody was hurt, adding that Dr Torres had been so intoxicated it affected his ability to stand.
The tribunal ruled that Dr Torres was allowed to continue in his orthopaedic role but must be supervised by a “workplace reporter” while at work and inform the GMC if he moves job.
However, it also heard Dr Torres had demonstrated “significant insight” into his offending.
Tribunal chair Nessa Sharkett said: “He remained responsible for his actions and given the circumstances in which he drove and the high level of alcohol in his breath at the time there can be no doubt of the seriousness of this offence.
“Further, there can be no doubt that his actions resulting in the conviction had the potential to put others at risk of harm and undermined public confidence in the profession.
“Furthermore, the Tribunal considered that Dr Torres’ conviction brought the profession into disrepute.”
‘Sincere remorse’
Tom Day, representing Dr Torres, told the tribunal that the surgeon had “shown obvious and sincere remorse for this conduct”.
Mr Day argued there was a public interest in allowing Dr Torres to continue to work, given the “specialist nature of the work he carries out and the high regard in which he is held.”
In its ruling, the tribunal noted that Dr Torres had “struggled to put into words” his remorse and regret for his actions, adding that it was impressed with his honesty and sincerity.
“Dr Torres had been uncomfortable discussing his background as he did not want it to look as if he was seeking to excuse himself,” it was also heard.
The ruling added: “He also acknowledged the negative impact his behaviour would have had on the profession and felt that his actions were a huge betrayal of his profession.
“He recognised how supportive his colleagues had been and wanted to ensure that he worked hard to regain their trust and be present and reliable.”
Since 2012, Dr Torres has been a Consultant Orthopaedic Surgeon specialising in disorders of the foot and ankle at Newcastle upon Tyne Hospitals NHS Foundation Trust.
He was previously handed a 12-week suspended jail term and banned from the roads for 36 months by magistrates.
