By FRANCESCA MOLD health reporter
Paihia woman Colleen Poutsma, who is dying of cervical cancer, is trying to sue her former gynaecologist, Dr Graham Parry, for $60,000.
The Herald understands Mrs Poutsma's lawyers have put forward a claim for exemplary damages against Dr Parry, alleging his actions in relation to her care amounted to more than gross misconduct.
Last month, Dr Parry was found guilty of disgraceful conduct over his treatment of Mrs Poutsma, whom he initially failed to diagnose when she was referred to him with abnormal bleeding in August 1997.
The Medical Disciplinary Tribunal's ruling criticised Dr Parry for not examining Mrs Poutsma's cervix at the time, saying it was grossly negligent and reckless.
The tribunal is expected to release its decision this week over penalties for the disgraceful conduct finding. Dr Parry could be fined up to $20,000, have supervision conditions imposed or be struck off.
Last night, Mrs Poutsma's husband, Jack, said he preferred not to comment on the lawsuit.
Dr Parry's lawyer, Harry Waalkens, said Mrs Poutsma's claim was ill-founded.
"Whilst Dr Parry has made it clear he very much regrets what has happened, to require him to pay penalty damages is quite contrary to law."
Mrs Poutsma's lawyers will apply for permission to proceed with the exemplary damages claim in the Auckland District Court tomorrow. It is the second such claim for exemplary damages in the past two years.
The woman Herald readers know as Jane lost a lawsuit last year against former Gisborne pathologist Dr Michael Bottrill, who under-reported her cervical smear slides.
She was granted a retrial by Justice Young in March. Dr Bottrill has appealed against this decision.
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