By MARTIN JOHNSTON health reporter
A pathologist who sparked a medical manslaughter charge against a colleague is suing Health Waikato, claiming he was wrongfully dismissed.
Dr Wayne Elmsly is seeking at least $200,000 in the Employment Court for costs, lost wages and exemplary damages from the former crown health enterprise, now part
of the Waikato District Health Board.
Dr Elmsly carried out an autopsy on Gladys Boswell, aged 84, who died during surgery at Waikato Hospital in May 1993.
The anaesthetist, Dr Geoffrey Long, was charged with manslaughter, but acquitted in the High Court at Hamilton. The Crown blamed him for an air embolism entering her blood, which it said killed her.
Yesterday, in the Employment Court at Auckland, Health Waikato's lawyer, David Taylor, said Dr Elmsly had been dismissed because he was medically unfit to do his job.
Judge Barrie Travis heard evidence from the director of the hospital's laboratory, Dr Sydney Sacks.
Dr Sacks said he was aware that Dr Long had complained to Health Waikato about Dr Elmsly.
Health Waikato had decided to refer the complaint to the Medical Council and the Royal Australasian College of Pathologists.
Dr Sacks said he disagreed with the complaint so he wrote to the college supporting Dr Elmsly.
He also wrote to the Health Waikato chief executive "to try to bring closure" for Dr Elmsly, who was "paranoid" about his treatment by the hospital management and colleagues following the Boswell-Long case.
Dr Sacks said Dr Elmsly was "technically competent", but too slow and frequently absent.
He "resented the pressure I felt obliged to apply" for patients and doctors who relied on lab results, said Dr Sacks.
He suffered bouts of depression, used up all his annual and sick leave and his salary was suspended in August 1997 when he was absent.
Dr Sacks said the autopsy on Mrs Boswell could have been carried out at Auckland Hospital, removing the potential for conflict.
Dr Elmsly's lawyer, Elliot Hudson, said there was a suggestion before the autopsy that there might be an embolism. He suggested it might have dissipated before an autopsy in Auckland was done.
Dr Sacks said a small volume of air it would be re-absorbed by the body within about six hours, but a large amount would not be. Auckland was only 90 minutes from Hamilton.
Mr Hudson said his client would say the transfer could make it 24 hours to the completion of the autopsy.
Dr Sacks said: "That's not been our experience."
