$100,000 penalty for surgeon over death of bypass patient

Richard Stubbs. Photo / Supplied

A surgeon who has been the subject of several complaints about failing to properly inform patients has been ordered to pay more than $100,000 in fines and costs after the death of a patient.

Richard Stubbs, a specialist treating liver cancer and obesity, was found guilty by the Health Practitioners Disciplinary Tribunal of professional misconduct over the care he provided to a gastric bypass surgery patient, who died in February 2006.

Professor Stubbs and the Wakefield Hospital in Wellington had unsuccessfully applied for name suppression.

The patient, known as Mr N, was under anaesthetic for the surgery when tests showed abnormal liver function.

Instead of waking the patient to tell him that this increased the risk of death or complications as a result of the surgery, Professor Stubbs continued with the operation.

Mr N had been told the risk of dying within 90 days of the operation was 1 per cent, but the liver complications lifted this to 20 per cent.

The tribunal found that the surgeon also failed to obtain the patient's informed consent before the operation, and failed to adequately document post-operative care.

Professor Stubbs - who is also on the staff of the University of Otago Medical School in Wellington - said he accepted the tribunal's decision that he should not have proceeded with the surgery, and he would not consider doing that again.

He said he was "truly sorry".

"I sincerely believed that I was acting in the best interests of the patient, but I accept that under the law, the decision to proceed with the operation without his express consent was not mine to make."

Professor Stubbs was censured and ordered to undertake a mentoring programme for 18 months and have a practice audit.

He was also fined $20,000 and ordered to pay half the costs of the tribunal and the Director of Proceedings in the office of the Health and Disability Commissioner.

His half totalled $89,185.

He had claimed that a large part of his personal earnings were spent on supporting a science research programme, and he had kept only a small salary.

But the tribunal was "not impressed" with his evidence about his financial circumstances, and found he had given an "incomplete picture of his true financial worth".

Wakefield Health chief executive Andrew Blair said the case was "a tragedy for all involved".

This is not the first time Professor Stubbs has appeared before a disciplinary tribunal on the issue of informed consent.

In 1999, the tribunal's predecessor found him guilty of conduct unbecoming a medical practitioner.

Five other complaints were also made to the Health and Disability Commissioner, most on the consent issue, between 2002 and 2004.

Another two to the commissioner resulted in final opinions on the cases, both at the end of 2007.

The High Court dismissed an application for judicial review of one case, and Professor Stubbs intends to file a complaint with the Ombudsmen about the other.

- ADDITIONAL REPORTING: NZPA