Surgeon breached patients rights -- report

Tauranga surgeon Ian Breeze breached the rights of four patients he treated between 1999 and 2002, according to findings made public last night.

Health and Disability Commissioner Ron Paterson released the first part of findings into the care provided by Mr Breeze, who has already been found guilty of professional misconduct over a patient's death.

In each of the four cases, Mr Paterson recommended Mr Breeze apologise to the patients concerned and review his practices. Mr Paterson cleared Mr Breeze over complaints from three other patients.

Three of the four complaints that were upheld related to the standard of medical care. In one case, regarding intestinal surgery he performed in February 1999 on a woman whose prolonged recovery time was complicated by a pre-sacral abscess, Mr Breeze breached standards twice.

He was found to have breached the patient's rights to reasonable care over the surgery and the right to services complying with legal, professional and ethical standards involving the treatment of her abscess.

In two other cases, the surgery was of a professional standard but Mr Breeze was judged to have failed to manage their post-operative care adequately. In one of these cases Mr Breeze was also found to have given the patient insufficient information about his condition.

The fourth case concerned a woman whose condition deteriorated after laparoscopic gall bladder surgery in April 2002.

Mr Paterson found there was nothing wrong with the treatment, but that Mr Breeze failed to tell the patient he had restrictions on his practice at two other Tauranga hospitals.

Inquiries into whether Tauranga Hospital, Norfolk Community Hospital and Norfolk/ Southern Cross Hospital took adequate steps to ensure Mr Breeze was competent to practise surgery and to respond to any concerns about Mr Breeze's patients are expected to be finalised in March.

In January this year, the Medical Council imposed restrictions on his practising certificate after he failed to complete retraining prescribed in 2000.

At present, the Tauranga surgeon is banned from rectal cancer surgery and is required to complete a competence programme before resuming bowel surgery without supervision.

Bay of Plenty District Health Board head Ron Dunham said the findings did not "necessitate any change in the current status" of Mr Breeze.

"I am satisfied that the situation is currently adequately managed. The restrictions and controls are adequate and will be in place for some time."

Mr Dunham said Mr Breeze was providing a valuable service to the hospital.

"There is no evidence to give any doubt about the skill and duties he is performing."

Norfolk Southern Cross Ltd general manager Maarten Caspari said he had accepted the findings and Mr Breeze's role at the medical centres would be reviewed at the next Medical Advisory Committee meeting.

Mr Breeze was not currently practising at Norfolk.

Mr Caspari said a "critical point" for Norfolk was the second part of the inquiry to be released in March.

- BAY OF PLENTY TIMES