Health Alert (Australia) - 28 April 2014

Explore:  Australia Healthcare

In This Issue:

Judgments; Legislation; and Reports.

Except from Judgments: 24 March 2014 - Tasmanian Board of the Medical Board of Australia v Dr David Edis (Ref No 4/2013) [2014] TASHPT 1 -

This was an application by the Medical Board to the Tasmanian Health Practitioners Tribunal for a determination that the conduct of a surgeon amounted to professional misconduct.

The surgeon was to perform surgery at level C3/4 of the patient's spine in an endeavour to alleviate the neck pain experienced by the patient. A post operative x-ray revealed a pedicle screw fixation of the C2/3 level and the laminectomy, as well as the removal of the C3 spinus process. The surgeon failed to disclose to the patient or to others treating the patient, that he had undertaken surgery at the wrong level of the cervical spine.

The Tribunal found that the deceptive post-operative dealings amounted to professional misconduct because it fell below the basic tenant required of the medical profession to be forthright, open and honest in the performance of professional duties. In determining the sanctions to be imposed, the Tribunal considered that the surgeon had excessive work demands, did not have a healthy lifestyle balance, had a lack of peer professional network to support him and was under considerable stress to support his wife and young family...

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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