Dr Fidel Gallo Benitez, a consultant psychiatrist with the South London and Maudsley NHS Foundation Trust, has been suspended for four months after being found guilty of sexually harassing junior colleagues between 2014 and 2018. Despite the serious nature of the allegations, Dr Benitez will not be banned from practising.
The Medical Practitioners Tribunal Service (MPTS) heard evidence that Dr Benitez had harassed four junior colleagues while working at hospitals in Lewisham and Bromley. The tribunal was told that Dr Benitez admitted to sending inappropriate sexual messages and making unwanted physical advances, blaming his behaviour on alcohol and what he described as “generational differences” in how compliments were perceived.
Another colleague, Ms. D, said Dr. Benitez massaged her shoulders without consent after a Christmas party, invited her to his home, and encouraged her not to get married.
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The tribunal chair, Gillian Temple-Bone, found that the incidents were sexually motivated and involved a significant power imbalance between Dr Benitez and his junior colleagues. She rejected his defence that his behaviour could be explained by alcohol consumption or cultural differences.
In addition to the sexual harassment cases, the tribunal also heard about a drink-driving conviction in June 2019. Dr Benitez was fined £923 and given 10 penalty points after being found in his car, intoxicated, at Lewisham Hospital’s car park. He pleaded guilty to being in charge of a vehicle while unfit to drive.
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Despite the serious nature of the misconduct, the tribunal opted for a four-month suspension rather than a permanent ban from the profession. Dr Benitez, who has since quit drinking and stated that he is “focusing on himself,” will be able to resume his career after his suspension.
Tribunal representatives acknowledged the harm caused but ultimately decided not to strike him off the medical register, citing his personal efforts to change and his previously unblemished record.