Derby doctor faces being struck off medical register
Dr Anatta Nergui will find out his fate at a tribunal this month
By Matthew Lodge
September 8, 2020
A Derby doctor who was suspended from the medical register for nine months after failing to refer people asking for help could be suspended once again.
Psychiatrist Dr Anatta Nergui has been in front of disciplinary panels nine times in the last nine years and had his licence suspended in July 2019.
This suspension was lifted in April this year under the provision that Dr Nergui adhered to strict rules regarding his conduct. Later this month, he is due to find out if these will be lifted, if he faces being suspended again or if he will struck off the UK medical register.
The adult psychiatrist, who is based in Derby, has been through a number of fitness-to-practise panels, medical practitioner tribunals and reviews.
Previously Dr Nergui, who started work at the Derbyshire Healthcare NHS Foundation Trust in 2013, was found to have smoked cannabis and to have told his staff to inform his patients that he had died in peace.
He was criticised for running an online psychiatry service where he failed to refer patients for professional help, putting them at “significant risk of harm”.
A medical tribunal suspended his licence for nine months from July 2019 when he showed a “lack of insight” into how serious his actions were.
The doctor first came to the attention of the watchdog in 2011.
A fitness-to-practice panel heard the doctor was working as a locum consultant psychiatrist at Wishaw General Hospital in Glasgow in 2009 when he grew and smoked cannabis before telling his staff to tell patients he had died.
On June 9, 2009, Dr Nergui, previously known as Dr Shehzad Ahmed Javed, rang his secretary and said: “Tell everyone that Shehzad Javed died in peace. It’s not a suicide of the body, but a death of the mind.”
While he was being evaluated, Dr Nergui said Dr Shezhad Javed had died and referred to Dr Javed in the third person.
He was allowed to continue to work but with conditions to make sure he didn’t repeat the behaviour. He also changed his name by Deed Poll to Anatta Nergui in August 2009.
However, it was a different incident that led to ultimately led to his suspension by the medical board.
Dr Nergui owned and maintained a website called www.neurofeedback-scotland.com, where members of the public could ask for advice from an online psychiatrist.
A report into Dr Nergui’s actions found in 20 of 22 cases between February and April 2012, Dr Nergui failed to recommend the user saw a medical professional.
The report added that in 30 cases he failed to recommend the user attends counselling or psychotherapy, while in seven out of 12 possible cases, he failed to asked to for more information to come to a diagnosis.
It was found this amounted to misconduct.
Since that tribunal in 2014 a series of hearings have found his ability to practice unsupervised and without conditions is “impaired”.
In 2019 the MPTS suspended him after he had not “demonstrated sufficient, if any, insight into the seriousness of his misconduct and consequent risks to the public”.
This suspension was lifted earlier this year after a tribunal in March found he had “clearly made progress with regard to his approach to the case”.
It stated: “He has provided written and oral evidence to the effect that he accepts that his actions in 2012 were inappropriate.
“This is a positive step and indicative of an increased level of insight on his part.”
However, it chose to impose conditions on him while doing so, as Dr Nergui had “continued to write online about psychiatry and psychology, although not under his own name”.
It added that a lack of “documentary evidence” that he had maintained his medical knowledge and skills during his time out of practice from December 2018, meant it the tribunal could not be satisfied this was up to date.
It concluded he was still impaired due to misconduct and imposed rules meaning he is unable to take any temporary contracts less than three months in length and must not provide online psychiatric services to the public.
He is set to be brought back in front of a medical tribunal later this month as the industry watchdog decides what to do with his registration.
A review by the Medical Practitioners Tribunal Service (MPTS) will be held on Thursday, September 17.
In this hearing it will be decided whether Dr Nergui’s fitness to practise remains impaired or whether this is no longer the case.
If he is still found to be impaired he could continue to have conditions placed on his registration, be suspended further or be struck off from the register meaning he will no longer be able to practice.