Jayant Patel
Encyclopedia
Jayant Mukundray Patel referred to as Doctor Death is a surgeon
who is at the centre of a 2005 scandal
in which he was accused of gross incompetence while working at Bundaberg Base Hospital
in Queensland
, Australia
. In June 2010, Patel was convicted of 3 counts of manslaughter
and one case of grievous bodily harm
, and sentenced to seven years in jail.
in Gujarat, India. He had undertaken his initial surgical studies at the M.P. Shah Medical College in Saurashtra University
, and obtained a master's degree
in surgery. After graduation he moved to the United States
where he received further surgical training at the University of Rochester School of Medicine as a surgical intern and resident of surgery. Whilst Patel was working at a hospital in the city of Buffalo
in 1984, New York
health officials cited Patel for failing to examine patients before surgery. Patel was fined US$5,000 and was placed on three years' clinical probation. In 1989, Patel moved to Oregon and began working for Kaiser Permanente Hospital in Portland, Oregon
. Medical staff alleged that he would often turn up, even on his days off, and perform surgery on patients that were not even his responsibility. In some cases, surgery was not even required, and caused serious injuries or death to the patient.
After a review, Kaiser restricted Patel's practice in 1998, banning him from doing liver
and pancreatic surgeries and requiring him to seek second opinions before performing other surgeries. Further, after reviewing four cases in which three patients died, the Oregon Board of Medical Examiners made Patel's restriction statewide in September 2000, and New York State health officials required him to surrender his license in April 2001.
After this, Patel decided to leave Oregon for Queensland
. The Queensland Health
Department employed him without conducting due diligence
regarding his qualifications and experience; and it allowed him to become director of surgery at Bundaberg Base Hospital
in 2003, under the "area of need" program, which hires overseas trained doctors for regional areas. He continued to practice in a similar manner to which he did in New York
, with his surgical work being described as "antiquated" and "sloppy", and some nurses even claimed that they hid their patients from him when they knew that he was in the hospital. He attracted the nickname "Dr. Death" as a result of these actions.
Patel is also alleged to have shown a poor regard for hygiene with claims that he responded to a nurse's concern over his unwashed hands with "doctors don't have germs". Patel is linked to at least 87 deaths out of the 1,202 patients he treated between 2003 to early 2005, 30 of whom died while under his care in Bundaberg. Hospital staff have also accused Patel of altering medical records to hide mistakes.
On 22 March 2005 Stuart Copeland
, the Queensland Shadow Minister for Health, first raised the issue of Patel's clinical practices during Question Time in the Queensland Parliament
. Two days later, Rob Messenger, the National Party
Member of Parliament for Burnett
also raised the matter of Patel's alleged incompetence in a speech to the Legislative Assembly and called for his suspension.
Journalist Hedley Thomas of The Courier-Mail, who won a Walkley Award for his part in uncovering Patel's past, gave attention to these allegations, and soon the newspaper and other media outlets were flooded with patient claims of injury and death caused by Patel's operations.
Patel soon left Australia using a business-class air fare paid for by Queensland Health
and returned to his home in Portland, Oregon, where he was filmed in 2007 by the Nine Network
's current affairs program, 60 Minutes in an investigation by reporter Paul Barry and producer Stephen Rice.
A warrant for Patel's extradition was sought after he returned to the United States (his passport was never taken) and a magistrate was asked on November 22, 2006 to issue a warrant for his arrest. He was charged with three charges of manslaughter, five charges of causing grievous bodily harm, four of negligent acts causing harm and eight charges of fraud. He was extradited to Australia on 21 July 2008.
government, formerly led by Peter Beattie
. State health minister Gordon Nuttall
resigned from his cabinet position.
Some of those treated by Patel have proposed to take the Queensland Government to court for not detecting his poor job performance earlier. However, with changes to state law originally intended to limit payouts to patients who sue their doctors on health matters, which were passed before the scandal broke, it is unlikely that they would receive significant compensation.
Queensland Health has arranged corrective surgery to those affected by Patel's surgical practices. Over one hundred patients have been said to have undergone corrective procedures since Patel fled Australia.
The Medical Board of Queensland introduced extensive measures for registration of overseas doctors, including receiving a certificate of good standing from each and every jurisdiction where a doctor has practised and getting the primary medical degree, registration and transcripts of applicants verified by the Educational Commission for Foreign Medical Graduates
International Credentialing Service.
The Dr Jayant Patel bungle was one of many factors that influenced the Council of Australian Governments in 2006 to effectively disband state-based medical regulation practices in favour of a new National Registration and Accreditation scheme. From 1 July 2010, registration and regulation responsibilities formerly held by the state-based Medical Boards are now the responsibilities of The Australian Medical Board supported by the newly-formed Australian Health Practitioner Regulation Agency.
, and commenced hearings in Brisbane on 23 May 2005. It was led by Anthony Morris, a Queen's Counsel
, and was widely referred to as the Morris Inquiry.
On 10 June, Morris released an interim report that was tabled on the same day in State Parliament by Premier Beattie. The report recommended, among other things, that Dr Patel be charged with murder
or manslaughter
in respect to one patient, with causing "a negligent
act causing harm" to another patient, that he also be charged with fraud
in relation to his registration at the Medical Board of Queensland to practice medicine and that extradition
proceedings should begin. It also recommended changes to the Medical Practitioners Registration Act 2001.
The Morris Inquiry began hearings in Bundaberg on 20 June. Nurses, local Queensland Health administrators and former patients of Dr Patel are all expected to give evidence. Public hearings in Bundaberg concluded on 14 July. The Inquiry resumed public hearings in Brisbane on 25 July and also sat in Townsville
from 2 August to 4 August. Evidence was heard in Townsville about an alleged case of medical fraud in which a Russia
n with forged medical qualifications pretended to be a psychiatrist
and practiced for some time at Townsville Hospital.
During the course of the Morris Inquiry, two senior Queensland Health bureaucrats in the Bundaberg region, Darren Keating and Peter Leck, filed a suit in the Supreme Court of Queensland
calling for the inquiry to be shut down. Keating and Leck alleged that Morris had shown apprehended bias against them when they were giving evidence and therefore the inquiry did not have the necessary impartiality. On 1 September, Justice Martin Moynihan of the Supreme Court ruled in favor of the plaintiffs, finding that the Commission of Inquiry was contaminated with ostensible bias against Keating and Leck, and that evidence gathered from other witnesses was entangled with the evidence given by Keating and Leck. On the morning of 2 September, Justice Moynihan ordered that the Morris Inquiry be shut down.
Radio station 612 ABC Brisbane
announced on 6 September that Premier Beattie has called for a full examination of the evidence given to the Morris Inquiry by a prominent former judge. Mr Beattie stated that this review would "in essence" be a new inquiry. He also issued a "six-point action plan" to deal with evidence gathered by the Morris Inquiry that may be biased.
QC. This inquiry, formally titled the Queensland Public Hospitals Commission of Inquiry, was widely known as the Davies Inquiry.
The report of the Davies Inquiry was handed down on 30 November 2005. It recommended that charges of manslaughter and other criminal offenses be prosecuted against Patel. The report also apportioned much of the blame to two former Health Ministers, Gordon Nuttall
and Wendy Edmond
, as well as senior Queensland Health bureaucrats for allowing the existence of an organizational culture of secrecy and ostracizing of whistleblower
s that allowed Patel's misdeeds to go unpunished for two years.
An independent surgeon, Peter Woodruff, who was asked by Justice Davies to examine Patel's work believes that Patel negligently caused 13 deaths, and possibly up to 17.
commissioned two other inquiries in addition to the Morris and Davies Inquiries. These inquiries possessed few judicial powers or ability to summon witnesses.
The Forster Inquiry, headed by Peter Forster, concentrated on the administrative structure of the Queensland Health bureaucracy, and how administrative procedures could be improved to ensure that similar events to those at Bundaberg Base Hospital would not occur again.
The other inquiry was an internal audit of Dr Patel's clinical and surgical practices by Queensland Health. On 30 June 2005, The Courier-Mail
newspaper published details of this audit before it was due for public release. The newspaper reported that there were seven patient deaths that were likely to have been caused by Patel and seven more that warrant further investigation. There has been some criticism that this audit relied too heavily on patient notes written by Patel himself, or by other Bundaberg Base Hospital staff who could have been interested in covering up Dr Patel's poor standards or minimising the hospital's liability for patient trauma and death.
The State of Oregon Medical Board is also investigating Patel a second time, this time for stating that he had retired, whilst working full time as chief of surgery at Bundaberg Base Hospital, as well as lying to Kaiser Permanente about his previous disciplinary actions in New York state. Patel appeared before the state board in September 2005, but declined to answer questions, owing to possible criminal charges in Australia. On 6 October 2005, the Board voted unanimously to issue a formal complaint against Patel. Disciplinary action against the doctor can include a fine of up to US$ 5,000 and revocation of his medical license.
He performed four oesophagectomies
while at the hospital. Three of the four patients died as a direct result.
He removed a patient's large bowel after he was diagnosed with a hyperplastic (non-malignant) polyp
.
agents. He appeared in court that day with a court-appointed attorney, telling Federal Magistrate Dennis Hubel that he was unable to afford a lawyer, after incurring significant pre-trial legal fees. In response, the Magistrate ordered Patel, who lives in a 900,000 dollar house, to fill out a financial affidavit before an upcoming detention hearing. Following his arrest, Toni Hoffman
, the nurse who took her complaints about Patel to a member of the Parliament of Australia
, said that "I am relieved he's been arrested, but there's still a lot to go." Patel denied the "allegations out of Australia." The extradition proceeding against Patel began April 2008. Patel was denied bail by Judge Hebel on 28 June 2008, with the judge warning Australian and US authorities that they must extradite Patel by 21 July 2008, or he would release Patel on bail.
Patel was extradited: US Marshals
handed Patel over to two officers from the Queensland Police Service at Los Angeles Airport on 19 July, who then escorted him on board Qantas
flight QF 176. The flight arrived at Brisbane Airport
on the morning of 21 July. Patel was taken immediately to the Brisbane watch-house and was granted bail by the Roma Street Magistrates Court the same day.
Patel was tried in the Queensland Supreme Court for the unlawful killing
of three patients, and grievous bodily harm
to a fourth. He pleaded not guilty to all charges.
On 29 June 2010, Jayant Patel was found guilty of the four charges and was remanded in custody pending sentencing. On 1 July he was sentenced to seven years jail for his offences. Much controversy over the sentence has ensued, with many speculating that term imposed was too lenient considering the gravity of the charges and the lack of remorse shown by the defendant. Calls have been made for the sentence to be challenged by Queensland Attorney-General Cameron Dick
, and a harsher penalty be imposed.
In response to the case, Peter Beattie fired the Director General, and changes were made to funding, the operations of the medical board, and to how concerns raised by whistle blowers are handled.
Surgery
Surgery is an ancient medical specialty that uses operative manual and instrumental techniques on a patient to investigate and/or treat a pathological condition such as disease or injury, or to help improve bodily function or appearance.An act of performing surgery may be called a surgical...
who is at the centre of a 2005 scandal
Scandal
A scandal is a widely publicized allegation or set of allegations that damages the reputation of an institution, individual or creed...
in which he was accused of gross incompetence while working at Bundaberg Base Hospital
Bundaberg Base Hospital
Bundaberg Base Hospital is the public hospital of Bundaberg, Queensland, Australia.A base hospital is a regional centre that takes referrals from outlying hospitals, and concentrates specialised skills. Australia has a universal publicly funded health insurance scheme, so a 'public' hospital is one...
in Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
, Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
. In June 2010, Patel was convicted of 3 counts of manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
and one case of grievous bodily harm
Grievous bodily harm
Grievous bodily harm is a term of art used in English criminal law which has become synonymous with the offences that are created by sections 18 and 20 of the Offences against the Person Act 1861....
, and sentenced to seven years in jail.
Career
Patel was born in JamnagarJamnagar
Jamnagar is a city and a municipal corporation in Jamnagar district in the Indian state of Gujarat. The city was built up substantially by Maharaja Kumar Shri Ranjitsinhji in the 1920s, when the district was known as Nawanagar. The district lies just to the south of the Gulf of Kutch and is...
in Gujarat, India. He had undertaken his initial surgical studies at the M.P. Shah Medical College in Saurashtra University
Saurashtra University
The Saurashtra University is one of the significant universities in Gujarat state in India. This university was established on 23 May 1967 in Rajkot city, the administrative headquarters of Rajkot district. Presently, 272 colleges in Amreli, Jamnagar, Junagadh, Porbandar, Rajkot and Surendranagar...
, and obtained a master's degree
Master's degree
A master's is an academic degree granted to individuals who have undergone study demonstrating a mastery or high-order overview of a specific field of study or area of professional practice...
in surgery. After graduation he moved to the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
where he received further surgical training at the University of Rochester School of Medicine as a surgical intern and resident of surgery. Whilst Patel was working at a hospital in the city of Buffalo
Buffalo, New York
Buffalo is the second most populous city in the state of New York, after New York City. Located in Western New York on the eastern shores of Lake Erie and at the head of the Niagara River across from Fort Erie, Ontario, Buffalo is the seat of Erie County and the principal city of the...
in 1984, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
health officials cited Patel for failing to examine patients before surgery. Patel was fined US$5,000 and was placed on three years' clinical probation. In 1989, Patel moved to Oregon and began working for Kaiser Permanente Hospital in Portland, Oregon
Portland, Oregon
Portland is a city located in the Pacific Northwest, near the confluence of the Willamette and Columbia rivers in the U.S. state of Oregon. As of the 2010 Census, it had a population of 583,776, making it the 29th most populous city in the United States...
. Medical staff alleged that he would often turn up, even on his days off, and perform surgery on patients that were not even his responsibility. In some cases, surgery was not even required, and caused serious injuries or death to the patient.
After a review, Kaiser restricted Patel's practice in 1998, banning him from doing liver
Liver
The liver is a vital organ present in vertebrates and some other animals. It has a wide range of functions, including detoxification, protein synthesis, and production of biochemicals necessary for digestion...
and pancreatic surgeries and requiring him to seek second opinions before performing other surgeries. Further, after reviewing four cases in which three patients died, the Oregon Board of Medical Examiners made Patel's restriction statewide in September 2000, and New York State health officials required him to surrender his license in April 2001.
After this, Patel decided to leave Oregon for Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
. The Queensland Health
Queensland Health
Queensland Health is the department of the Government of Queensland responsible for operating and administering the public health system of the Australian State of Queensland. It is responsible to the State's Health Minister Geoff Wilson and its Director-General is Tony O'Connell.Queensland Health...
Department employed him without conducting due diligence
Due diligence
"Due diligence" is a term used for a number of concepts involving either an investigation of a business or person prior to signing a contract, or an act with a certain standard of care. It can be a legal obligation, but the term will more commonly apply to voluntary investigations...
regarding his qualifications and experience; and it allowed him to become director of surgery at Bundaberg Base Hospital
Bundaberg Base Hospital
Bundaberg Base Hospital is the public hospital of Bundaberg, Queensland, Australia.A base hospital is a regional centre that takes referrals from outlying hospitals, and concentrates specialised skills. Australia has a universal publicly funded health insurance scheme, so a 'public' hospital is one...
in 2003, under the "area of need" program, which hires overseas trained doctors for regional areas. He continued to practice in a similar manner to which he did in New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, with his surgical work being described as "antiquated" and "sloppy", and some nurses even claimed that they hid their patients from him when they knew that he was in the hospital. He attracted the nickname "Dr. Death" as a result of these actions.
Patel is also alleged to have shown a poor regard for hygiene with claims that he responded to a nurse's concern over his unwashed hands with "doctors don't have germs". Patel is linked to at least 87 deaths out of the 1,202 patients he treated between 2003 to early 2005, 30 of whom died while under his care in Bundaberg. Hospital staff have also accused Patel of altering medical records to hide mistakes.
On 22 March 2005 Stuart Copeland
Stuart Copeland
Stuart William Copeland is an Australian politician. He was a National/Liberal National from 2001 to 2009, representing the district of Cunningham....
, the Queensland Shadow Minister for Health, first raised the issue of Patel's clinical practices during Question Time in the Queensland Parliament
Parliament of Queensland
The Parliament of Queensland is the legislature of Queensland, Australia. According to the state's constitution, the Parliament consists of the Queen and the Legislative Assembly. It is the only unicameral state parliament in the country, the upper chamber, the Legislative Council, having been...
. Two days later, Rob Messenger, the National Party
National Party of Australia
The National Party of Australia is an Australian political party.Traditionally representing graziers, farmers and rural voters generally, it began as the The Country Party, but adopted the name The National Country Party in 1975, changed to The National Party of Australia in 1982. The party is...
Member of Parliament for Burnett
Electoral district of Burnett
The district of Burnett is an electoral division of the Queensland Legislative Assembly in central Queensland, Australia.It covers most of the coastal region south of Gladstone, as well as coastal and inland regions around Bundaberg. Towns within its boundaries include Miriam Vale, Agnes Water,...
also raised the matter of Patel's alleged incompetence in a speech to the Legislative Assembly and called for his suspension.
Journalist Hedley Thomas of The Courier-Mail, who won a Walkley Award for his part in uncovering Patel's past, gave attention to these allegations, and soon the newspaper and other media outlets were flooded with patient claims of injury and death caused by Patel's operations.
Patel soon left Australia using a business-class air fare paid for by Queensland Health
Queensland Health
Queensland Health is the department of the Government of Queensland responsible for operating and administering the public health system of the Australian State of Queensland. It is responsible to the State's Health Minister Geoff Wilson and its Director-General is Tony O'Connell.Queensland Health...
and returned to his home in Portland, Oregon, where he was filmed in 2007 by the Nine Network
Nine Network
The Nine Network , is an Australian television network with headquarters based in Willoughby, a suburb located on the North Shore of Sydney. For 50 years since television's inception in Australia, between 1956 and 2006, it was the most watched television network in Australia...
's current affairs program, 60 Minutes in an investigation by reporter Paul Barry and producer Stephen Rice.
A warrant for Patel's extradition was sought after he returned to the United States (his passport was never taken) and a magistrate was asked on November 22, 2006 to issue a warrant for his arrest. He was charged with three charges of manslaughter, five charges of causing grievous bodily harm, four of negligent acts causing harm and eight charges of fraud. He was extradited to Australia on 21 July 2008.
Political fallout
The scandal caused political problems for Queensland's Labor PartyAustralian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
government, formerly led by Peter Beattie
Peter Beattie
Peter Douglas Beattie , Australian politician, was the 36th Premier of the Australian state of Queensland for nine years and leader of the Australian Labor Party in that state for eleven and a half years...
. State health minister Gordon Nuttall
Gordon Nuttall
Gordon Richard Nuttall is a former Australian politician who represented Sandgate in the Queensland Parliament from 1992 to 2006....
resigned from his cabinet position.
Some of those treated by Patel have proposed to take the Queensland Government to court for not detecting his poor job performance earlier. However, with changes to state law originally intended to limit payouts to patients who sue their doctors on health matters, which were passed before the scandal broke, it is unlikely that they would receive significant compensation.
Queensland Health has arranged corrective surgery to those affected by Patel's surgical practices. Over one hundred patients have been said to have undergone corrective procedures since Patel fled Australia.
The Medical Board of Queensland introduced extensive measures for registration of overseas doctors, including receiving a certificate of good standing from each and every jurisdiction where a doctor has practised and getting the primary medical degree, registration and transcripts of applicants verified by the Educational Commission for Foreign Medical Graduates
Educational Commission for Foreign Medical Graduates
Through its program of certification, the Educational Commission for Foreign Medical Graduates assesses the readiness of international medical graduates to enter residency or fellowship programs in the United States that are accredited by the Accreditation Council for Graduate Medical Education...
International Credentialing Service.
The Dr Jayant Patel bungle was one of many factors that influenced the Council of Australian Governments in 2006 to effectively disband state-based medical regulation practices in favour of a new National Registration and Accreditation scheme. From 1 July 2010, registration and regulation responsibilities formerly held by the state-based Medical Boards are now the responsibilities of The Australian Medical Board supported by the newly-formed Australian Health Practitioner Regulation Agency.
Morris Inquiry
In response to public discontent over Patel's performance at Bundaberg Base Hospital, the Beattie Government convened the "Bundaberg Hospital Commission of Inquiry". The Inquiry held similar judicial powers to a Royal CommissionRoyal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...
, and commenced hearings in Brisbane on 23 May 2005. It was led by Anthony Morris, a Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
, and was widely referred to as the Morris Inquiry.
On 10 June, Morris released an interim report that was tabled on the same day in State Parliament by Premier Beattie. The report recommended, among other things, that Dr Patel be charged with murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
or manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
in respect to one patient, with causing "a negligent
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
act causing harm" to another patient, that he also be charged with fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
in relation to his registration at the Medical Board of Queensland to practice medicine and that extradition
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
proceedings should begin. It also recommended changes to the Medical Practitioners Registration Act 2001.
The Morris Inquiry began hearings in Bundaberg on 20 June. Nurses, local Queensland Health administrators and former patients of Dr Patel are all expected to give evidence. Public hearings in Bundaberg concluded on 14 July. The Inquiry resumed public hearings in Brisbane on 25 July and also sat in Townsville
Townsville, Queensland
Townsville is a city on the north-eastern coast of Australia, in the state of Queensland. Adjacent to the central section of the Great Barrier Reef, it is in the dry tropics region of Queensland. Townsville is Australia's largest urban centre north of the Sunshine Coast, with a 2006 census...
from 2 August to 4 August. Evidence was heard in Townsville about an alleged case of medical fraud in which a Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
n with forged medical qualifications pretended to be a psychiatrist
Psychiatry
Psychiatry is the medical specialty devoted to the study and treatment of mental disorders. These mental disorders include various affective, behavioural, cognitive and perceptual abnormalities...
and practiced for some time at Townsville Hospital.
During the course of the Morris Inquiry, two senior Queensland Health bureaucrats in the Bundaberg region, Darren Keating and Peter Leck, filed a suit in the Supreme Court of Queensland
Supreme Court of Queensland
The Supreme Court of Queensland, which is based at the Law Courts Complex, is the superior court for the Australian State of Queensland and sits around the middle of the Australian court hierarchy...
calling for the inquiry to be shut down. Keating and Leck alleged that Morris had shown apprehended bias against them when they were giving evidence and therefore the inquiry did not have the necessary impartiality. On 1 September, Justice Martin Moynihan of the Supreme Court ruled in favor of the plaintiffs, finding that the Commission of Inquiry was contaminated with ostensible bias against Keating and Leck, and that evidence gathered from other witnesses was entangled with the evidence given by Keating and Leck. On the morning of 2 September, Justice Moynihan ordered that the Morris Inquiry be shut down.
Radio station 612 ABC Brisbane
612 ABC Brisbane
612 ABC Brisbane is an ABC Local Radio station in Brisbane, Queensland. It is one of the largest stations in the network, serving as a base for Queensland programming - many programs are broadcast across the ABC Local Radio network in regional and rural areas of Queensland when those stations are...
announced on 6 September that Premier Beattie has called for a full examination of the evidence given to the Morris Inquiry by a prominent former judge. Mr Beattie stated that this review would "in essence" be a new inquiry. He also issued a "six-point action plan" to deal with evidence gathered by the Morris Inquiry that may be biased.
Davies Inquiry
The new inquiry began on 8 September 2005 and was headed by former Supreme Court of Queensland judge Justice Geoffrey DaviesGeoffrey Davies
Geoffrey Davies is a British actor. The son of an accountant, he was educated at Grammar School and studied at Art College to be a commercial artist before becoming an actor...
QC. This inquiry, formally titled the Queensland Public Hospitals Commission of Inquiry, was widely known as the Davies Inquiry.
The report of the Davies Inquiry was handed down on 30 November 2005. It recommended that charges of manslaughter and other criminal offenses be prosecuted against Patel. The report also apportioned much of the blame to two former Health Ministers, Gordon Nuttall
Gordon Nuttall
Gordon Richard Nuttall is a former Australian politician who represented Sandgate in the Queensland Parliament from 1992 to 2006....
and Wendy Edmond
Wendy Edmond
Wendy Marjorie Edmond, née Wood is a former Australian politician. Born in Bundaberg, she was a nuclear medicine technologist before entering politics. She was also a member of Amnesty International and the Wildlife Preservation Society, and had served as president of the Rainsworth Branch of the...
, as well as senior Queensland Health bureaucrats for allowing the existence of an organizational culture of secrecy and ostracizing of whistleblower
Whistleblower
A whistleblower is a person who tells the public or someone in authority about alleged dishonest or illegal activities occurring in a government department, a public or private organization, or a company...
s that allowed Patel's misdeeds to go unpunished for two years.
An independent surgeon, Peter Woodruff, who was asked by Justice Davies to examine Patel's work believes that Patel negligently caused 13 deaths, and possibly up to 17.
Other inquiries
The Queensland GovernmentGovernment of Queensland
The Government of Queensland is commonly known as the "Queensland Government".The form of the Government of Queensland is prescribed in its Constitution, which dates from 1859, although it has been amended many times since then...
commissioned two other inquiries in addition to the Morris and Davies Inquiries. These inquiries possessed few judicial powers or ability to summon witnesses.
The Forster Inquiry, headed by Peter Forster, concentrated on the administrative structure of the Queensland Health bureaucracy, and how administrative procedures could be improved to ensure that similar events to those at Bundaberg Base Hospital would not occur again.
The other inquiry was an internal audit of Dr Patel's clinical and surgical practices by Queensland Health. On 30 June 2005, The Courier-Mail
The Courier-Mail
The Courier-Mail is a daily newspaper published in Brisbane, Australia. Owned by News Limited, it is published daily from Monday to Saturday in tabloid format. Its editorial offices are located at Bowen Hills, in Brisbane's inner northern suburbs, and it is printed at Murarrie, in Brisbane's...
newspaper published details of this audit before it was due for public release. The newspaper reported that there were seven patient deaths that were likely to have been caused by Patel and seven more that warrant further investigation. There has been some criticism that this audit relied too heavily on patient notes written by Patel himself, or by other Bundaberg Base Hospital staff who could have been interested in covering up Dr Patel's poor standards or minimising the hospital's liability for patient trauma and death.
The State of Oregon Medical Board is also investigating Patel a second time, this time for stating that he had retired, whilst working full time as chief of surgery at Bundaberg Base Hospital, as well as lying to Kaiser Permanente about his previous disciplinary actions in New York state. Patel appeared before the state board in September 2005, but declined to answer questions, owing to possible criminal charges in Australia. On 6 October 2005, the Board voted unanimously to issue a formal complaint against Patel. Disciplinary action against the doctor can include a fine of up to US$ 5,000 and revocation of his medical license.
The cases
The Davies Inquiry found that he had caused 13 deaths, and perhaps up to 17. Since the publication of this report, an additional four patients that he negligently treated have died.He performed four oesophagectomies
Esophagectomy
Esophagectomy or Oesophagectomy is the surgical removal of all or part of the esophagus .-Purpose:...
while at the hospital. Three of the four patients died as a direct result.
He removed a patient's large bowel after he was diagnosed with a hyperplastic (non-malignant) polyp
Polyp (medicine)
A polyp is an abnormal growth of tissue projecting from a mucous membrane. If it is attached to the surface by a narrow elongated stalk, it is said to be pedunculated. If no stalk is present, it is said to be sessile. Polyps are commonly found in the colon, stomach, nose, sinus, urinary bladder...
.
Extradition
Jayant Patel was arrested 11 March 2008 by FBIFederal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
agents. He appeared in court that day with a court-appointed attorney, telling Federal Magistrate Dennis Hubel that he was unable to afford a lawyer, after incurring significant pre-trial legal fees. In response, the Magistrate ordered Patel, who lives in a 900,000 dollar house, to fill out a financial affidavit before an upcoming detention hearing. Following his arrest, Toni Hoffman
Toni Hoffman
Toni Ellen Hoffman received the 2006 Australian of the Year Local Hero Award for her role as a whistleblower in informing Queensland Politician Rob Messenger about Jayant Patel a surgeon who was the subject of the Morris Inquiry and later the Davies Commission. She originally began to raise doubts...
, the nurse who took her complaints about Patel to a member of the Parliament of Australia
Parliament of Australia
The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...
, said that "I am relieved he's been arrested, but there's still a lot to go." Patel denied the "allegations out of Australia." The extradition proceeding against Patel began April 2008. Patel was denied bail by Judge Hebel on 28 June 2008, with the judge warning Australian and US authorities that they must extradite Patel by 21 July 2008, or he would release Patel on bail.
Patel was extradited: US Marshals
United States Marshals Service
The United States Marshals Service is a United States federal law enforcement agency within the United States Department of Justice . The office of U.S. Marshal is the oldest federal law enforcement office in the United States; it was created by the Judiciary Act of 1789...
handed Patel over to two officers from the Queensland Police Service at Los Angeles Airport on 19 July, who then escorted him on board Qantas
Qantas
Qantas Airways Limited is the flag carrier of Australia. The name was originally "QANTAS", an initialism for "Queensland and Northern Territory Aerial Services". Nicknamed "The Flying Kangaroo", the airline is based in Sydney, with its main hub at Sydney Airport...
flight QF 176. The flight arrived at Brisbane Airport
Brisbane Airport
Brisbane Airport is the sole passenger airport serving Brisbane and the third busiest in Australia, after Melbourne and Sydney Airports. Brisbane Airport has won many awards. Located in the suburb with the same name, the airport serves the city of Brisbane and the surrounding metropolitan area...
on the morning of 21 July. Patel was taken immediately to the Brisbane watch-house and was granted bail by the Roma Street Magistrates Court the same day.
Trial
See main page: The Queen v Patel.Patel was tried in the Queensland Supreme Court for the unlawful killing
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
of three patients, and grievous bodily harm
Grievous bodily harm
Grievous bodily harm is a term of art used in English criminal law which has become synonymous with the offences that are created by sections 18 and 20 of the Offences against the Person Act 1861....
to a fourth. He pleaded not guilty to all charges.
On 29 June 2010, Jayant Patel was found guilty of the four charges and was remanded in custody pending sentencing. On 1 July he was sentenced to seven years jail for his offences. Much controversy over the sentence has ensued, with many speculating that term imposed was too lenient considering the gravity of the charges and the lack of remorse shown by the defendant. Calls have been made for the sentence to be challenged by Queensland Attorney-General Cameron Dick
Cameron Dick
The Honourable Cameron Robert Dick MP is the Australian Labor Party representative of the seat of Greenslopes in the Queensland Legislative Assembly...
, and a harsher penalty be imposed.
Aftermath
In a TV documentary on the case aired by the CNN in November 2010 as part of its “World’s Untold Stories” series and entitled “They Called Him ‘Dr. Death’” several of Patel’s medical co-workers in Australia testified to having repeatedly blown a whistle on him only to be ignored by medical superiors and other authorities. Questions were also raised about the lack of due diligence by those involved in his appointment.In response to the case, Peter Beattie fired the Director General, and changes were made to funding, the operations of the medical board, and to how concerns raised by whistle blowers are handled.
External links
- 'Six-Point Action Plan' to deal with biased evidence gathered by Morris Inquiry
- Portland Oregonian coverage (includes copies of documents
- Australia's 'Doctor Death'
- Davies Inquiry website - includes terms of reference and transcripts of public sittings (temporary disabled due to current legal proceedings)
- Article in 'The Courier-Mail'
- The Kaiser Papers
- Queensland Government press release announcing Davies Inquiry
- Open letter from Peter Beattie