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Surgeon Cleared Over Woman's Death

Posted on: Wednesday, 11 May 2005, 15:00 CDT

THE Court of Appeal has quashed a finding that an Auckland orthopaedic surgeon was guilty of conduct unbecoming a medical practitioner.

The case related to the death of an elderly woman patient at North Shore Hospital after a hip replacement 10 years ago. Her hip became infected, she was treated with vancomycin -- an antibiotic that is toxic at certain levels -- and she died of kidney failure.

Four years ago, the surgeon, identified as Dr F, was charged and found guilty by the Medical Practitioners Disciplinary Tribunal.

Dr F appealed to the District Court, the High Court and finally the Court of Appeal. It found the charge of conduct unbecoming a medical practitioner that reflects adversely on his fitness to practise medicine was not proven.

The evidence was that there were systemic failings in the health system in this case and that other reputable orthopaedic surgeons working with Dr F adopted the same practice as he did in relying on registrars to monitor patients day to day.

He was a victim of the system imposed on Auckland Hospital orthopaedic surgeons, who had to refer patients to North Shore Hospital medical wards.

In a separate opinion, Justice William Young said the whole process against Dr F was miscarried.

Delays in this case cast a heavy shadow over the fairness of proceedings.

This was exacerbated by the absence of witnesses more directly responsible for the patient's care and the loss of key documents.

No reasonable tribunal could sensibly have reached the conclusion that Dr F's conduct -- involving, at worst, an isolated instance of low culpability negligence -- warranted a disciplinary sanction, he said.

Source: Dominion Post

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