Doctor facing manslaughter charges in Australia sparks calls for overhaul of U.S. regulations

Nov 8 2005

An Indian-born, American-trained surgeon who is facing possible manslaughter charges in Australia, and nicknamed "Dr Death" has sparked calls for an overhaul of health regulations and a review of malpractice suits in his U.S. home state of Oregon.

According to the Health authorities in Oregon, tougher powers to force U.S. medical groups that employ doctors to compulsorily disclose malpractice suits are being sought following the inquiry into former Queensland surgeon Jayant Patel.

It is alleged he contributed to the deaths of at least 13 patients during his two years at Bundaberg Hospital.

The inquiry into his activities in Queensland will report at the end of this month.

Queensland police are preparing evidence for the Director of Public Prosecutions while the state's medical board has been conducting its own investigations.

Dr Patel, who fled Australia after his surgical performance was questioned in the Queensland parliament, is also facing further disciplinary action in Oregon.

He has refused to cooperate with both the Queensland and Oregon authorities.

A review of malpractice suits, in Oregon dating back more than a decade, is being considered after revelations Dr Patel was the subject of at least eight confidential legal actions, involving the deaths of four patients, before he was ultimately disciplined and later sought work in Australia.

Two of the cases led to payouts of $US1.8 million each.

Kathleen Haley, the executive director of the Oregon Board of Medical Examiners has reportedly said that she wants tougher laws to force medical groups to disclose malpractice suits so that authorities can monitor the medical outcomes of doctors.

It was apparently revealed in the local press that Dr Patel's former Oregon employer, Kaiser Permanente Northwest, had not reported malpractice claims involving its doctors from 1991 to 2004, and between 1994 and 1998, Dr Patel was involved in "a string of problem cases", eight of which prompted or led to malpractice or wrongful death lawsuits.

Kaiser apparently settled five of the cases.

However during this period, Dr Patel was voted "Distinguished Physician of the Year (1995)" by his peers at Kaiser, but five years later was barred from conducting surgery on the liver, pancreas and colon, and disciplined by Kaiser and the medical authorities in 2000.

During the period he was lauded and then castigated Patel performed many operations, including one in which an elderly patient bled to death after Patel severed an artery and vein during pancreatic surgery.

Following his resignation in 2001 he appeared in Bundaberg in 2003 with a CV carrying recommendations from fellow Kaiser doctors but with no mention of the disciplinary action in the US.

Kaiser does admit Dr Patel had been sued more frequently than any other of its doctors, but declares it it had been under no obligation to reveal the malpractice suits to authorities because it was "self-insured" and exempt under Oregon laws.