Dr Antonio Vega Vega (left) with barrister Stephen Keim outside court today. Source: News Corp Australia
A JUDGE has found in favour of a Rockhampton surgeon under investigation by Queensland Health over patient care.
Urologist Dr Antonio Vega Vega, who removed the wrong kidney in a patient, was the subject of a health service investigation and clinical review where two reports were drafted about his competency as a physician.
Both reports were presented to the acting director-general of Queensland Health on September 5.
Dr Vega Vega applied to the Supreme Court at Brisbane for the reports to be declared invalid because they were biased and denied him natural justice.
Justice Ann Lyons today found in favour of Dr Vega Vega.
She said both the preparation of the Clinical Review Report and the Health Services Investigations Report prevented Dr Vega Vega from having access to information and documents relied on by the investigators.
Justice Lyons also found a breach of natural justice occurred when the information contained within the reports was handed up to superiors when it had been denied to Dr Vega Vega.
The decision invalidates the reports and means they cannot be enacted upon.
Barrister Stephen Keim SC said his client had been through a difficult ordeal and was “gratified” by the decision.
“Dr Vega Vega feels very gratified that the court has made a finding that he was not accorded natural justice by the Department’s investigation and that the reports delivered to the Director-General are invalid,” he said.
“Dr Vega Vega wishes to thank his family, friends, the local medical community and the people of Rockhampton for their support through what has been a difficult ordeal.
“He also wishes to thank his legal team.”
Justice Lyons did not publish her decision and will hear from the parties as to costs.
A Queensland Civil and Administrative Appeals Tribunal judge last year found Dr Vega Vega posed no risk to patients and removed a Medical Board suspension and registration conditions.
The Spanish-trained medico removed a patient’s right kidney instead of the left on January 22 last year, sparking a Medical Board investigation.
However, the tribunal was told the patient had a contorted spine and an abnormal anatomy where both kidneys may have been on one side of the body.