Wellington surgeon censured for 'conduct unbecoming'

Surgeon Richard Stubbs has been censured by the Medical Practitioners Disciplinary Tribunal, fined $700 and ordered to pay $24,000 costs after he was found guilty of conduct unbecoming a medical practitioner.

Dr Stubbs, a general and liver surgeon at Wakefield Hospital's Gastroenterology Centre in Wellington, was found guilty of conduct unbecoming in March this year.

The case was taken by the Medical Council's complaints assessment committee on behalf of a female patient, whose name was suppressed, who suffered complications after Dr Stubbs operated on her in December 1993.

The complainant claimed she had been in and out of hospitals for 14 months following the surgery and that it had ruined her career.

In his defence, Dr Stubbs said he had told the patient of the risks associated with the surgery, which was needed because of ulceration at the site of a gastric bypass that had been done by a different surgeon in 1986.

In its decision on a penalty released on Wednesday, the tribunal said the maximum fine available was $1000 because the conduct occurred before the 1995 Medical Practitioners Act. It fined Dr Stubbs $700.

The tribunal said it was satisfied Dr Stubbs had taken steps within his practice that showed a positive response to lessons learned from the case.

There was also clear evidence that he had been diligent and forthright in explaining the risks involved in proposed surgery.

The tribunal said it was considered unlikely that Dr Stubbs would re-offend. Balanced against that was the $71,112 cost of the case. Dr Stubbs was ordered to pay $24,000.

- NZPA