After sending the mole to be examined at a laboratory, Nagoor incorrectly entered the histology findings into the computer system as a superficial spreading melanoma rather than an invasive primary melanoma with a subtype of superficial spreading melanoma.
When Linder revealed to a nurse on another visit to Nga Kete he had not had the results, she immediately made another appointment for him to see Nagoor on April 30, knowing the histology report revealed he had cancer.
At that visit when asked by Linder specifically if he had cancer, Nagoor told him he did not and also did not discuss treatment or refer him for a further recommended excision. He also did not complete examinations that would be standard if someone was diagnosed with a cancerous mole.
A Health Practitioners Disciplinary Tribunal made up of chair Alison Douglass, Tim Burns, Dr Jan McKenzie, Dr William Rainger, Dr Kristin Good found Dr Nagoor was guilty of professional misconduct and also brought discredit to the medical profession.
The decision was given as an indication to counsel and friends and family of Linder at the end of a hearing in Invercargill, with a full written decision to be released at a later date.
Douglass said while Nagoor had already admitted professional misconduct the tribunal had to come to the conclusion it was proven.
They found all four particulars of the charge were proven including failure to advise Linder of his diagnosis, telling him he did not have cancer, failure to advise he needed further treatment, incorrect note taking, failure to refer and document discussions of a referral, giving incorrect review times and not conducting appropriate checks.
“We will find that there has been negligence and that professional misconduct is established,” Douglass said.
A nominal date of November 23 has been set for the tribunal to hear submissions and make a decision on what penalty Nagoor will face as a result of the findings.
karen.pasco@odt.co.nz
