Doctor Swindled Free NHS Drugs He Mailed To His Indian Mother-In-Law

A hospital doctor received a suspended prison sentence today for obtaining free NHS cancer drugs after writing 145 prescriptions for medication he mailed to his mother-in-law in India.

Dr. Sukhendeo Chattopathyay, 50, who was employed in the intermediate care unit at Orpington Hospital continued the fraud after he was exposed by stealing the name of a patient on his ward and using it on a subsequent prescription.

Croydon Crown Court heard his mother-in-law, who continues to battle breast cancer, registered with her local G.P. as a resident when merely visiting the UK and Dr. Chattopathyay maintained the illusion after she returned home.

Dr. Chattopathyay, of Holywell Close, Orpington pleaded guilty to one count of fraud by false representation between January 7, 2009 and September 5, 2012 by dishonestly representing to Rowlands Pharmacy that Jyotsna Bhadra was an NHS patient.

He also pleaded guilty to another count of fraud by false representation on September 5, 2012 when using the hospital patient's name to obtain an NHS prescription from the same pharmacy.

Indian-born Dr. Chattopathyay told further lies to the pharmacy, including having his mother-in-law's G.P's permission to write the prescriptions even though that doctor had died seven years earlier and also tried to have evidence destroyed.

The £40,000 a year doctor admits he could have easily afforded the buy the medicines privately and the sentencing judge concluded he had been motivated by "greed".

Prosecutor Miss Eleanor Mawrey told the court that as well as the cancer drugs Dr. Chattopathyay also defrauded the NHS out of painkillers, stomach acid pills and an asthma inhaler.

He came under suspicion on July 17, 2012 after writing a prescription for three months supply of the cancer drugs just three weeks after he had received 84 free tablets for Mrs Bhadra.

"He said that she was his mother-in-law and that she was travelling in India. That was a lie, she was living in India and was a resident there.

"He stated that she was a patient and he had cleared it with the surgery, but that doctor had died in 2005 and Mrs Bhadra was not a patient of that surgery anymore," explained Miss Mawrey.

When Dr. Chattopathyay returned to the same pharmacy in September for more cancer and stomach acid drugs staff refused to dispense them.

"He then entered into another series of lies, saying he had cleared it with the G.P. but eventually said he would not do it again and asked the pharmacist to shred the prescription.

"However, the next day Dr. Chattopathyay took things to a whole new level when the pharmacy received a prescription for stomach acid drugs.

"The patient named on the prescription ad never been prescribed those drugs, in fact she was a patient on the ward where Dr. Chattopathyay worked."

Police arrested the father-of-two at his family home on October 17, 2012. "He said he believed his mother-in-law was entitled to prescriptions on the NHS."

The GMC are now re-reviewing Dr. Chattopathyay's fitness to practice and his eight-month suspension without pay from the hospital cost him £27,000 - adding to his growing debts.

"He has paid a heavy price. If he had admitted this fully straight away it would have been dealt with internally," explained Mr. Benjamin Narain, defending.

"He is completely sorry for what he has done and admits he behaved dishonestly.

"He was on a good salary and could have afforded to buy the drugs and send them to his mother-in-law.

"He was motivated by the desire to help."

Judge Jeremy Gold QC sentenced Dr. Chattopathyay to 9 months imprisonment, suspended for 18 months and ordered him to complete 150 hours community service work and pay £3,000 costs.

Dr. Chattopathyay must also pay £1,114 compensation to the NHS.

"This country expects the very highest standards of behaviour from doctors practicing throughout the country," Judge Gold told him. "A doctor's actions must be beyond reproach.

"Your actions shake the confidence of the general public. It is shameful behaviour.

"You committed this offence out of greed and took advantage of your position to write prescriptions for drugs that you could have purchased on the open market instead of defrauding the NHS."