Radiographer accused of sex act on MRI scan patient is struck off
A radiographer has been struck off for professional misconduct after allegedly engaging in sexual acts in relation to a female patient who went for an MRI scan.
Jomin Jose was also alleged to have told the woman she had a "nice p***y".
What happened here involved a "gross breach" of trust and the patient, a woman in her 60s who was ill and who went to get a scan to assist her diagnosis, was entitled to be treated in a manner other than she was, the president of the High Court, Mr Justice Peter Kelly, said.
He made the comments when cancelling the registration of Mr Jose, a native of India with an address in Tralee, Co Kerry.
Mr Jose, who was not in court and not represented, is prohibited from applying to re-register with the professional radiographers body here for seven years.
The orders, made under the Health and Social Care Professionals Act 2005, were sought by JP McDowell, solicitor for the Health and Social Care Professionals Council.
Mr McDowell said a forensic psychiatrist had rejected claims by Mr Jose that he was experiencing a "psychotic" episode at the time of the alleged events in the Bon Secours Hospital in Tralee on a date in September 2016.
This claim was inconsistent with the evidence and with Mr Jose having told gardaí the alleged acts were consensual, he said.
Mr Jose was employed by Alliance Medical in September 2016 and its human resources director made a complaint arising from the alleged events at the hospital.
In his ruling yesterday, Mr Justice Kelly noted an investigation was carried out into the complaint that Mr Jose had behaved inappropriately to a patient committed to his care.
The complaint alleged, while working as a radiographer on a date in September 2016, Mr Jose had engaged in sexual acts, including penetration, of a patient in his care, and digital and/or manual contact and/or rubbing of the genitals of the same patient.
Following an inquiry, a Professional Conduct Committee found, on the basis of unchallenged evidence of the female patient and another person, those allegations were proven and this amounted to professional misconduct.
The matter came before the High Court when the council asked it to cancel his registration and prohibit him applying for seven years to re-register.