Surgeons demand legal indemnity

Wellington Hospital surgeons are demanding legal immunity from medical misadventure claims and disciplinary action because they say nursing shortages are endangering patients.

Several surgeons have taken the unusual step of asking Capital Coast Health to grant them legal indemnity against problems resulting from the shortage of intensive-care nurses.

The surgeons have written or spoken to Capital Coast chief executive Margot Mains.

Wellington Hospital has only 40 of the 60 nurses it needs to run the intensive-care unit.

Operations have been cancelled and patients transferred to other hospitals because of the shortage.

In a letter to Ms Mains on July 14, general and vascular surgeon Dilip Naik said he was concerned about the risk to his patients.

"Accordingly, I seek written assurance from you that I would be indemnified from any medico-legal consequences of inadequate intensive-care unit bed availability, or acute theatre access.

"I also seek indemnity in terms of the Health and Disabilities Act."

Mr Naik wrote that he had previously raised concerns about the nurse shortage and continuing problems in getting operating theatres for patients needing acute surgery, but had received no response.

He refused to comment to the media about his letter, other than to say he had again not received a response from Ms Mains or the surgical services clinical leader, Steuart Henderson.

Medical staff chairman David Jones said most surgeons held the same fears and several had conveyed their concerns to Ms Mains.

He said surgeons were facing difficult choices over whether to operate and put patients needing intensive care into a normal ward, or wait until an intensive-care bed became available.

Medical staff were alarmed that some seriously ill patients, including those with abdominal bleeding and severe chest problems, were being admitted to general wards rather than intensive care.

"We haven't got an unfortunate outcome yet, but we are aware you haven't got such a cushion of safety," said Dr Jones.

Ms Mains said the issues raised by Mr Naik were being taken seriously and a working group had been established to look at the intensive-care unit.

A risk-management audit was being carried out and the hospital's informed consent policy was being reviewed.

Wellington lawyer David Collins, QC, said doctors could not be held liable if their working environment meant they could not provide safe care.

The hospital would be responsible.

- NZPA