Suspended doctor did my op says patient

By MARTIN JOHNSTON health reporter

Disgraced doctor Warren Chan has apparently been practising medicine in defiance of his suspension by a medical authority.

Esmail Sabzivand, of Glendene, West Auckland, said he paid Dr Chan $3800 for a nose operation that turned out to be inadequate and during which he woke up three times.

Mr Sabzivand, aged 31 and originally from Iran, produced documents that he said supported his assertion that the operation was performed by Dr Chan at his Mairangi Bay clinic on July 3.

Dr Chan was suspended in April for nine months by the Medical Practitioners Disciplinary Tribunal, which had found him guilty of professional misconduct.

He appealed, unsuccessfully, to the Auckland District Court.

In that case a woman had woken up twice during a $2500 "liposculpture" fat-removal operation. No anaesthetist was present. She also suffered serious pain for several weeks after the operation.

It was the fourth finding of professional misconduct against Dr Chan, who has also been suspended in Queensland and New South Wales.

Suspended doctors do not have a Medical Council practising certificate. Practising medicine without one risks a district court fine of up to $10,000.

The NZ Herald was unable to contact Dr Chan at his Auckland and Australian clinics or on his cellphone, despite leaving numerous messages.

"He has nothing to say," said a colleague, who declined to give his name, from Dr Chan's Mairangi Bay clinic.

"He's an extremely skilled surgeon who has been badly treated."

The colleague said Mr Sabzivand had used "extortion" tactics against Dr Chan by threatening to publicise the case unless he was given $20,000.

The Takapuna police confirmed they were investigating an extortion complaint, but would give no details.

Mr Sabzivand denied using extortion. He said he planned to go to the United States and had asked Dr Chan to pay the cost of a repeat operation there - up to $20,000.

Mr Sabzivand said Dr Chan had failed to reduce the size of his nose and it was now bent slightly to the left.

He said the clinic had offered a refund or to fly him to Australia for a repeat operation by Dr Chan, after the end of the suspension, or another surgeon. The offer was on condition that he kept quiet about the dispute.

Mr Sabzivand said he was preparing a complaint to the Medical Council against Dr Chan.

Council spokeswoman Susan Pattullo said that if a complaint of a doctor practising while suspended proved correct it would be handed to the Ministry of Health for prosecution in court.

The council was already investigating another complaint against Dr Chan.

Mr Sabzivand showed the Herald three documents:

* A receipt for a $500 deposit, written on the back of Dr Chan's business card and bearing a signature which Mr Sabzivand said was from a clinic staff member. Dated June 16, it referred to "surgery 3 July 2 pm", and also to rhinoplasty [plastic surgery of the nose].

* A statement of account from the clinic for July showing that Mr Sabzivand had settled his $3300 bill relating to July 3.

* A clinic letter about a July 8 appointment.