A surgeon stood down from a central Queensland hospital for removing the wrong kidney from a patient wants reports into his conduct ruled invalid.
Urologist Antonio Vega Vega was stood down from the Rockhampton Hospital in May over four operations, including one in which he removed the wrong kidney.
After launching an appeal in the Queensland Civil and Administrative Tribunal, it found in June that Dr Vega Vega posed no serious threat to the public and could practise without restrictions.
He now works at private hospitals after the Medical Board of Australia reinstated his right to practise.
Dr Vega Vega is now fighting to have the reports into his conduct quashed.
His lawyer Stephen Keim told the Supreme Court an internal clinical review and health investigation were biased, breached natural justice and should be quashed or ruled invalid.
Mr Keim said Dr Vega Vega had been disadvantaged by the internal review because investigators ignored favourable evidence and he was not allowed access to documents, including 58 witness statements.
“There’s a breach of natural justice in either ignoring evidence or protecting evidence without providing any reasons,” he said.
“That conduct leads to an apprehension of bias.”
Mr Keim said that arose because the investigators appointed were employed by law firm Minter Ellison, which had been engaged in advocacy work for Queensland Health or the Central Queensland Hospital and Health Board.
“We say what’s happened here is very strange. The basis was to protect the comfort of witnesses,” he said.
“The witnesses weren’t necessarily patients, they were doctors and administrators.”
The Supreme Court hearing continues.