While the tribunal panel concluded that Dr McDowell's actions constituted misconduct, they determined that his fitness to practise had not been impaired. The tribunal judgement details how, on that occasion, he had "inhaled two doses of [an anaesthetic substance] while alone in an obstetrics theatre". "Dr B was contacted by a hospital staff member, as they were concerned that they could not find Dr McDowell. On April 3 that year, according to the tribunal judgement, Dr McDowell was found on two occasions in an empty anaesthetics room. That evening Dr McDowell admitted "inhaling from the anaesthetics machine" to one of the doctors who had found him, Dr A.