"MEDICAL TRIBUNAL OF NEW SOUTH WALES
DEPUTY CHAIRMAN: HIS HONOUR JUDGE WALL, Q.C.
MEMBERS: DR. B. AMOS DR. B. POLLARD and MS. L. ADAMSON
FRIDAY 20TH MAY, 1988
RE: COMPLAINT AGAINST DR. PETER JAMES DAWSON DECISION
"A complaint was lodged by the Secretary of the Health Department of NSW on 13th October, 1987, alleging that Dr. Dawson has been guilty of professional misconduct in respect of the treatment of Mrs. Carole Lesley Tatham at Greenoaks Private Hospital, Greenacre on 18th August, 1985, the particulars of which were:
"The Tribunal received submissions in the form Dr. Dawson, A/Prof. Torda, Dr. O.F. James, Dr R.L. Millard, Dr. Dr. M.S. Jun and Dr. W.J. Ruscoe which had all been prepared for submission to the Investigation Committee which had considered the matter on 10th August, 1987.
"The transcript of these proceedings before the Investigating Committee was also admitted before the Tribunal. The relevant hospital records, including operation and anaesthetic records and post-mortem examinations reports were also admitted into evidence before the Tribunal."
The nature of this hearing was that Dr Dawson employed as an anaesthetist in Dr Ruscoe's hospital failed to identify a respiratory problem during the surgery of the patient who subsequently died. The reports flowing from the investigation do suggest that there was a great deal of confusion and misinformation which seemed to be present in the discussions between Dr Dawson and the surgeon.Some of the discussion related to whether or not a crucial piece of equipment used by the anaesthetist during the procedure was actually operating as it should. It does seem that Dr Dawson may have been correct about the failure of the equipment which would have alerted the surgeon and Dr Dawson that things had gone awry. In fact His Honour did make the point that there may very well have been an equipment failure. Nevertheless His Honour did find that Dr Dawson did fail in his duty and subsequently ordered that he be deregistered.
This does lead to a peripheral question. Should Dr Dawson have been appointed to the position of anaesthetist at The Greenoaks Private Hospital? Certainly, during the Tribunal Hearing even Dr Dawson admitted that his use-by-date had pretty much expired. So should the buck stop on the Chief Executive's desk given that Dr Ruscoe most likely had the say as to who was appointed.
Secondly, given that even His Honour noted that the critical piece of equipment had failed to alert Dr Dawson and the surgeon to the fact that the patient was in respiratory arrest during the surgery. So who should be responsible for the maintenance of the surgical equipment. Does the buck also stop with the Chief Executive of the Hospital? In my view, and hopefully in the view of others, Dr Ruscoe should have been held more accountable for the patient's death than appears to have been the case.
What do you, the reader of this blog, think? Is this the man we really want to organise the health care needs of the community in the Southern Highlands?
