KEY POINTS:
Women patients who have joined a planned class action because of their treatment by rogue doctor Roman Hasil are heartened by an inquiry into his actions, but unhappy he has got off the hook, their lawyer says.
John Rowan QC has organised the class action and said several
women had contacted his office in the wake of Health and Disability Commissioner Ron Paterson's report yesterday.
Mr Rowan aid he could not be specific about numbers, but "15 or more" people operated on by Dr Hasil wanted to be involved.
Mr Paterson found eight of the 32 laparoscopic sterilisations (tubal ligations) Dr Hasil performed in 2005 and 2006 failed, with six women subsequently becoming pregnant. Dr Hasil had failed to place clips correctly on their Fallopian tubes.
Mr Paterson found that there was inadequate checking on Dr Hasil's "chequered" history in Australia before he was appointed as an obstetrician and gynaecologist by the Whanganui District Health Board in 2005 and inadequate supervision of him in a "grossly understaffed department."
Mr Rowan said the women he had spoken to were grateful for Mr Paterson's "thorough" report.
"They are supported by the conclusions he reached, but upset by some of the things they have read concerning the DHB, in particular, and the Medical Council over the whole recruitment and supervision process," he told NZPA.
"When they read that he was to be supervised for two years and was actually supervised for one week, they were almost in a state of disbelief," he said.
"People trust their medical professionals ... and they feel very let down."
Mr Rowan said the women were "clearly unhappy" that Dr Hasil, who is now believed to be in Australia, has escaped punishment.
"I can see the practical reasons but from the point of view of the people who have made the complaints they are unsettled that he has escaped prosecution and I can see why."
Mr Paterson took legal advice before deciding not to refer the case to the Director of Proceedings for further action, but said the women who had complained would be entitled to bring their own claims against Dr Hasil and the DHB before the Human Rights Review Tribunal.
This followed his finding of breaches by Dr Hasil and the DHB against the Health and Disability Services Consumers' Rights Code.
In his report, Mr Paterson said accountability of health professionals through disciplinary action was an important consideration.
"But Dr Hasil has already suffered the ignominy of media exposure and the public sanction of this inquiry and the findings that he breached the code.
"I can see little point in expending public resources in pursuing disciplinary proceedings against a doctor who was no longer resident in New Zealand and is unlikely to work here again."
Mr Rowan said no decision had been on what type of action would be undertaken on behalf of the women, whether it be through the Human Rights Review Tribunal, direct mediation with the DHB or court action.
"We have not made our minds up yet. It is one of those situations where time and information makes the position clearer. What we would like to see is the DHB and its advisers be prepared to do what they say in a press release that they are prepared to talk seriously to us, because that might lessen the strain for these people."
Mr Rowan said he was keen to hear from any other former patients who had been affected by Dr Hasil's treatment.
- NZPA