Law firm Slater and Gordon is investigating a class action concerning the regulatory responses to gynaecologist Dr Emil Shawky Gayed, and the conduct of Dr Gayed himself, after being contacted by a number of his former patients.
Dr Gayed was found guilty of professional misconduct by the NSW Civil and Administrative Tribunal in June 2018 relating to the management of seven patients over three years at the Manning Hospital in Taree.
At that time, Dr Gayed was a Visiting Medical Officer in the maternity and gynaecological division at Manning Hospital. The complaints against Dr Gayed related to his failure to obtain informed consent, poor record keeping as well as a number of clinical failings, the most serious of which related to:
- Performing a hysterectomy when it was not clinically indicated given the patient’s complex medical history and wish for the lesser treatment of a myomectomy to be performed;
- Failing to identify a 10 week pregnancy when performing an endometrial ablation on a patient;
- Informing a patient that he was certain she had cervical cancer and undertaking procedures on her post-partum cervix that were not clinically indicated as there was no evidence of cervical malignancy;
- Undertaking a diagnostic laparotomy and unnecessarily removing a patient’s right ovary and fallopian tube which appeared normal and injuring the patient’s left ureter in the process.
On June 6, the tribunal ordered that if Dr Gayed was registered, it would have cancelled his registration. It also ordered that Dr Gayed be disqualified from being registered for a period of three years from that date and that the National Board record the fact that the tribunal would have cancelled Dr Gayed’s registration.
An independent review by the NSW Department of Health is underway and has now been expanded across multiple local health districts. You can make a direct submission to the NSW Health Independent Inquiry by emailing gayedreview@health.nsw.gov.au.
Stacks Law Firm in Taree has been following with “alarm and sorrow” the stories of people who have suffered at the hands of Dr Gayed. The firm said it has received several inquiries and is offering legal assistance to any patient of Gayed who wishes to seek compensation.
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Slater and Gordon practice group leader Andrew Baker said the class action investigation was likely to include dozens of Dr Gayed’s former patients.
“In a situation like this where there are more than 40 complaints against one doctor, it is important to investigate the misconduct of the doctor involved, but this situation also raises serious questions around our system of regulation and oversight of the healthcare profession,” Mr Baker said.
“What we have heard from the women affected is that complaints weren’t addressed and questionable conduct was ignored, or not followed up, and the result has been life-changing for some of Dr Gayed’s former patients.
“We are investigating the misconduct of Dr Gayed but also whether responsibility extends to the Medical Board and the Australian Health Practitioner Regulation Agency as the regulatory bodies charged with ensuring that unqualified or inappropriate individuals aren’t in positions where they can cause this kind of harm.
In a situation like this where there are more than 40 complaints against one doctor, it is important to investigate the misconduct of the doctor involved, but this situation also raises serious questions around our system of regulation and oversight of the healthcare profession.
- Andrew Baker, Slater and Gordon Practice Group Leader
“How Dr Gayed was allowed to continue practising, in light of the evidence that has come to light, is a question that requires serious examination.”
Mr Baker said a class action may be the most effective mechanism to ensure a meaningful outcome in circumstances where there are significant common elements to the claims of the women affected, and where those claims might not prove to be viable to pursue on an individual basis.
“It is alarming that this doctor has had a number of serious complaints spanning a period of many years and it raises questions around the integrity of the broader health system,” Mr Baker said.
“It is therefore appropriate to investigate the conduct of the regulator in these circumstances, but such claims can be more complex and difficult for patients to pursue individually “If it turns out that the regulator has failed in this case, a class action can ensure those women whose lives have been impacted can access justice.”
Slater and Gordon’s class action investigation is open to patients who are concerned about the treatment they received from Dr Emil Gayed.
For more information or to register your interest, please visit http://www.slatergordon.com.au/gayedclassaction
