Page last updated at 17:02 GMT, Tuesday, 14 July 2009 18:02 UK

Surgeon cleared over brain injury

Peter Rogers
The operation on Mr Rogers was expected to be routine

A surgeon who cut into a patient's brain during a sinus operation has been cleared by the General Medical Council.

Peter Rogers, then 58, suffered brain damage as a result of surgeon George Murty's mistake at the private Bupa Leicester Hospital in May 2002.

Mr Rogers, from Weston-by-Welland in Northamptonshire, now suffers from poor eyesight, memory and concentration.

The GMC said Mr Murty's fitness to practise was not impaired and that he was "unlikely to repeat the error".

After the mistake, Bupa said the hospital had done everything possible for Mr Rogers, but explained that all surgery carried an element of risk.

Mr Rogers' wife, Susan, was at first told by doctors that her husband had suffered a stroke on the operating table, which was unrelated to the surgery.

'Uncharacteristic departure'

It was only after legal action began that Mr Murty was forced to admit that he had caused his patient's brain damage.

Mrs Rogers thought the operation to cure her husband of unpleasant sneezing and a runny nose was going to be so straightforward that she went out to lunch with a friend.

But when Mrs Rogers arrived at the hospital her husband was unconscious and she was told that he might not survive.

Remedial surgery was eventually carried out to mend the hole in Mr Rogers' skull.

The GMC misconduct hearing found Mr Murty had made an effort to learn from his mistake.

"The panel is satisfied that you have insight into the actions which have led you to appear before this panel and, in particular, your initial denial of responsibility based upon insufficient information," the surgeon was told.

"It is of the view that your misconduct was an uncharacteristic departure from the usually high standards of your clinical practice."

The panel also decided not to issue a warning to Mr Murty.

Mr Rogers won a £1.32m settlement from the hospital in November 2005.

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Peter Rogers and his family describe the damage the botched operation has left



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SEE ALSO
Payout over brain damage mistake
14 Nov 05 |  Leicestershire

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