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US surgeon banned from practising on medical negligence grounds

One US surgeon will never be able to practise in Australia again, after a legal case was brought against him. The case was heard at the Queensland Civil and Administrative Tribunal (QCAT), where the judge found him to have been involved in several instances of medical negligence.

The doctor had firstly lied in order to become registered in the state and was not upfront about the fact he had already faced legal difficulties in the US for his unprofessional conduct. QCAT noted that had he been registered in Australia, this would have been cancelled straight away and he would never have been allowed to practise again.

QCAT also found that he had been involved in misconduct on various levels, with some of this decisions and professional judgements being unethical and improper. Legal representatives at the tribunal believed his conduct did not show sufficient knowledge, care and skill and was below the medical standards expected in Australia.

The long-running case has already been heard in court on several occasions. The Medical Board of Australia sought action against the doctor once it became evident that he was not registered to practise medicine. He was consequently convicted for fraud and sentenced to two years imprisonment.

The Board established that he had provided false information on two occasions and that the clinical care provided to patients was not up to the required standard. It transpired that he had not been registered or able to practise in Australia since April 2005.

However, medical negligence charges against the surgeon were dropped in 2013. He was therefore acquitted of two manslaughter charges and two for grievous bodily harm. Four counts of fraud were also dropped. It was deemed not in the public’s interest to continue with the case.

This latest ruling will, however, mean that the surgeon is removed from Australia’s medical profession after a 10-year legal battle.

Medical negligence is an issue that affects many people across the country. Every practitioner has a duty of care towards their patients, but there are instances – such as this one – where this is not the case.

You might be entitled to medical negligence compensation in a number of different ways, such as for the economic loss you have incurred as a result of being ill or injured. Pay outs are also possible for any future care you may need as a result of the injuries you have sustained.

© 2015 
Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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