Overview

Following a failed operative procudure, a patient was noted to be unwell and the doctor was informed. The doctor, however, did not personally assess the patient's condition overnight and instead relied on teh clinical assessment of the on-call registrar and ordered various tests to be conducted on the patient.

The doctor did not personally assess the patient until 16 hours after the operation. It was discovered the patient had suffered a perforation that was a known risk of the original operation. An emergency operation was performed but the patient later died.

Before the disciplinary council, the doctor was convicted for wilful neglect of duties and gross mismanagement of the post-operative treatment. On appeal, the High Court upheld the conviction.