Physio struck off after asking patient to show him her breasts

Aman Kumar, who was employed by a company now known as Ascenti in the Yorkshire and Humber region, told the woman – referred to only as Patient A – that she had a “really nice body” and commented on the size of her bottom as he massaged her.

It was the third time the woman had visited the physio for treatment to a shoulder injury after a road traffic accident.

While in the first two sessions, he focused on the woman’s shoulder only, in the final session he told her: “Because you have been so nice to me, I can do a full back massage to help.”

As he massaged her back, the physio commented on the size of her bottom and said she had a nice body, to which she did not respond.

In a complaint about his behaviour, she said: “He completed the massage on my shoulder and then said to me ‘because you have been so nice to me, we can do a full back massage to help’.

“I agreed as I felt he was recommending it would help. Obviously, being a full back massage, I had to remove my top and unhook my bra which I was fine with as I was laid down.

“However, he then passed comment on my body by saying ‘don’t take this the wrong way but you have a really nice body’ and I am not one to take offence however I feel this was inappropriate to say the least.

“After the massage, I stood up to dress myself to which he said, ‘can you do me a favour’ so I replied ‘yes’ and he then changed his mind and said ‘okay it doesn’t matter but I will tell you what I was going to ask’, so I waited and he hinted at me showing my breasts which obviously is extremely inappropriate and I am shocked and embarrassed that somebody in a position of trust would even suggest such a thing.”

Giving evidence at the hearing, the woman “demonstrated his gesture to expose her breasts by showing how he indicated raising and crossing her arms as if to lift her top”.

Patient A said she had been left “distressed” by the incident, which dates back several years, and perceived his conduct towards her as being sexually motivated.

The physio said he accepted he’d said the woman had a nice body, but had prefaced the comment by saying ‘don’t take this the wrong way’. He said he had intended it as a compliment and did not mean anything by it, but accepted with hindsight he should not have said it.

He denied making any comment or gesture in relation to Patient A showing him her breasts and thought she may have “misunderstood or misinterpreted matters”.

The panel accepted the misconduct related to a single incident, but noted it had a continuing impact on Patient A’s mental health.

They said it was a “serious instance of sexual misconduct and the abuse of a professional position”.

The hearing found his conduct “was done in pursuit of his own sexual gratification and that it was sexually motivated”.