The medical regulator has resumed disciplinary action against former Bundaberg surgeon Jayant Patel in a bid to prevent him ever again practising in Australia.
Queensland’s Civil and Administrative Tribunal (QCAT) has begun hearing the action at the behest of the Medical Board of Australia (MBA) and the Australian Health Practitioner Regulation Agency.
Dr Patel served time in prison for killing three patients at Bundaberg Hospital but won a High Court challenge against his conviction and was released from jail in 2012.
The MBA’s action was delayed while other legal processes were being concluded.
It is arguing Dr Patel lied about his past problems when he was registered in Australia in 2003, and went on to knowingly conduct surgeries in Bundaberg he knew he could not and should not perform.
The MBA has submitted to QCAT that this was “professional conduct that demonstrates incompetence, or lack of adequate knowledge, skill, judgement or care in the practise of the registrant’s profession”.
“Dr Patel has not engaged with the disciplinary process for a very long while and so it has been important to ensure that he has had every opportunity to do so,” MBA barrister Dr Ian Freckelton told the court.
“All relevant material has been served on Dr Patel, and he has had every opportunity to engage with the disciplinary process.
“The current status as we understand it of Dr Patel is that he is not registered in Australia, that’s the easy part.
“There is an order also of the 13th of July, 2006, from the Oregon Medical Board. It’s referred to technically as a stipulation signed by Dr Patel, which suspends him from practice until resolution of the current matters before this tribunal.
“So to our knowledge he is not currently practising in the United States.”
Neither Dr Patel or his legal representatives appeared in the Brisbane court on Monday.
QCAT finished hearing submissions early on Monday afternoon and will deliver its verdict on Friday.
Former Bundaberg surgeon faced long series of trials
In 2010, the High Court ruled there was a miscarriage of justice in the way Dr Patel was tried for three counts of manslaughter and another count of grievous bodily harm.
This meant the Queensland jury had heard evidence which prejudiced the case.
The High Court ordered Dr Patel be re-tried, saying he had carried out surgery on patients, who later died, “competently enough”.
Separate trials were ordered for each of the charges and in March 2013 Dr Patel was found not guilty of manslaughter in the first of these trials involving the death of Mervyn Morris.
In October 2013, a jury failed to reach a verdict in the second trial on the charge of causing grievous bodily harm to patient Ian Vowles.
In November 2013, Patel pleaded guilty to four counts of fraud in relation to dishonestly obtaining registration and employment in Queensland.
Patel was sentenced to two years in jail for fraud, wholly suspended.
Queensland’s Director of Public Prosecutions decided not to pursue any other charges.