KEY POINTS:
A general surgeon could face prosecution for failing to explain surgical risks to a patient who later died.
A Health and Disability Commissioner's report today also revealed the same surgeon, on a separate occasion, was found guilty of failing to adequately inform another patient about the side effects of a surgical procedure.
The report says the patient, identified only as "Mr A", was admitted to a private hospital for a gastric bypass and was discovered to have abnormal liver function immediately before surgery.
Mr A had already been anaesthetised and the surgeon - "Dr E" - decided to proceed with the surgery without telling the patient about the increased risks, later estimated to increase the risk of death fivefold.
Over the next six days, unnoticed by the clinical team, Mr A's liver function tests deteriorated and he was discharged.
A week later Mr A underwent an emergency operation at a public hospital for a perforated bowel. He developed complications following the operation and died in hospital a few days later.
The commissioner said Dr E's omissions in the case supported the referral to the Director of Proceedings to consider whether he should face further action.
"I note with concern that this is not the first time that Dr E has been sanctioned for failure to obtain fully informed consent," the commissioner wrote.
"It is of concern that Dr E still appears not to appreciate the legal and ethical requirement of obtaining a patient's fully informed consent."
The commissioner also recommended the doctor and the private hospital he worked for apologise to the family of Mr A and that his case notes be independently reviewed.
- NZPA
