Wednesday, 17 August 2022
OpinionSportBusinessRuralLifestyleDriven Motoring
Residential Property Listings
PhotosClassifiedsVideoWhanganui Midweek
DannevirkePalmerston NorthWhanganuiLevin
NZ HeraldThe Northern AdvocateThe Northland AgeThe AucklanderWaikato HeraldBay Of Plenty TimesRotorua Daily PostHawke's Bay TodayWhanganui ChronicleThe Stratford PressManawatu GuardianKapiti NewsHorowhenua ChronicleTe Awamutu CourierVivaEat WellOneRoofDriven MotoringThe CountryPhoto SalesNZ Herald InsightsWatchMeGrabOneiHeart RadioRestaurant Hub

Advertisement

Advertise with NZME.
Whanganui Chronicle

Oral surgeon Dr Peter Liston's appeal dismissed in case of Whanganui man Keith Hindson

22 Nov, 2018 03:03 AM3 minutes to read
Keith Hindson, who had to undergo extensive surgery after his biopsy was misread by Peter Liston and diagnosis was delayed. Photo / File

Keith Hindson, who had to undergo extensive surgery after his biopsy was misread by Peter Liston and diagnosis was delayed. Photo / File

Whanganui Chronicle

An oral surgeon who admitted professional misconduct in the case of a Whanganui man has had his appeal against a $5000 fine dismissed.

Dr Peter Napier Liston, an oral and maxillofacial surgeon who worked as a locum in the dental unit at Whanganui Hospital, admitted professional misconduct at the Health Practitioners' Disciplinary Tribunal in December 2017.

Liston misread patient Keith Hindson's biopsy results. Hindson would have avoided such extensive surgery with a prompt diagnosis, the tribunal hearing in Whanganui ruled.

The tribunal ordered that a censure be placed on Liston's record for as long as he is alive. It imposed a fine of $5000 (the maximum being $30,000) and ordered Liston to make a contribution of $21,000 (30 per cent) towards the hearing costs.

Advertisement

Advertise with NZME.

Liston appealed against the $5000 fine at a hearing in the High Court at Wellington in July, contending it was excessive and unreasonable and imposed without sufficient regard to mitigating factors. Justice Karen Clark reserved her decision.

Dr Peter Liston. Photo / File
Dr Peter Liston. Photo / File

In her judgment of November 16, Justice Clark dismissed the appeal, saying negligence and malpractice had been established and human error did not account for Liston's repeated failure to respond to clear pathology results after Hindson underwent a second excisional biopsy.

Justice Clark said the tribunal had taken into account the likely monetary consequences to Liston from publication of his name and reduced by 20 per cent the contribution to costs he would otherwise be expected to make.

Liston's lawyer, Harry Waalkens, QC, submitted to the High Court that a fine, in addition to the other penalties, was punitive.

"It is widely accepted that disciplinary proceedings necessarily have a punitive effect notwithstanding the overarching purpose of the HPCAA (Health Practitioners Competence Assurance Act), which is the protection of the public," Justice Clark said.

"The tribunal was not intending to punish Dr Liston through the imposition of a fine. That is plain from its decision. The significant acts and omissions and misconduct were said to 'bring significant discredit' to the dental profession and 'there must be a deterrent factor built into the penalties ordered not only for Dr Liston but also for the whole of this profession'."

Related articles

New Zealand

Patient develops tongue cancer after dentist's 'failures'

06 Dec 07:00 PM
New Zealand

Censure and fine for surgeon guilty of misconduct

07 Dec 06:20 PM
New Zealand

Man can't eat properly after surgeon's blunders

10 Dec 01:00 AM
New Zealand

Oral surgeon to appeal misconduct penalty

30 Apr 09:00 PM

Justice Clark was satisfied that the fine was directed towards protection of the public, was intended to emphasise the importance of professional standards and was fair, reasonable and proportionate in the circumstances.

Liston had not shown that the imposition of a $5000 fine in the context of his professional misconduct lacked parity with comparable cases.

Advertisement

Advertise with NZME.

After the release of the judgment, Hindson told the Whanganui Chronicle he was angry and his health was deteriorating.

"I think the $5000 fine is more of an insult to me and anyone else injured," Hindson said.

"My condition is ongoing and I now have radiation fibrosis syndrome [as a result of radiation therapy]. I'm going backwards. A small portion of any food and drink I have is getting into my lungs now and I'll end up with aspiration pneumonia. I continually get cramp in my neck. They are some of the symptoms of radiation fibrosis.

"Everything I put in my complaint [about Liston] has been upheld. I'm a very angry person. He has ruined my life. I can't chew, I can't swallow properly. I can't go out to eat. I always have to take my own food if we go anywhere.

"I urge anyone with pain in their mouth to seek professional advice and get a second opinion if you need to."

Advertisement

Advertise with NZME.

Latest from Whanganui Chronicle

Whanganui Chronicle

Warm, wet and windy weather expected

17 Aug 02:30 AM
Whanganui Chronicle

Whanganui records 60 new Covid-19 cases

17 Aug 01:20 AM
Whanganui Chronicle

Graeme Storm exhibition on now at Quartz Museum of Studio Ceramics

17 Aug 12:45 AM
Whanganui Chronicle

Cubs and keas converge on council

17 Aug 12:35 AM
Whanganui Chronicle

Citadel founder ready for tilt at local politics

16 Aug 05:00 PM

Most Popular

Premium
Whitebaiting season drops from 15 weeks to nine, concerns spots could be crowded
Whanganui Chronicle

Whitebaiting season drops from 15 weeks to nine, concerns spots could be crowded

15 Aug 05:00 PM
Tariana Turia's grandson attempted to rob service station
Whanganui Chronicle

Tariana Turia's grandson attempted to rob service station

11 Aug 05:00 PM
Premium
'It's like a grater on raw wounds': Mum, 35, says mesh implant cripples her
Whanganui Chronicle

'It's like a grater on raw wounds': Mum, 35, says mesh implant cripples her

09 Aug 05:00 PM

Advertisement

Advertise with NZME.
About NZMEHelp & SupportContact UsSubscribe to Whanganui ChronicleHouse Rules
Manage Your Print SubscriptionWhanganui Chronicle E-EditionAdvertise with NZMEBook Your AdPrivacy Policy
Terms of UseCompetition Terms & ConditionsSubscriptions Terms & Conditions
© Copyright 2022 NZME Publishing Limited
TOP