Extradition bid is likely after findings against doctor
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《英国医生杂志》
The Queensland government is seeking the voluntary return or extradition of Dr Jayant Patel after a commission of inquiry investigating his employment and performance at Bundaberg Base Hospital, Bundaberg, in central Queensland, recommended that criminal charges be laid against him (BMJ 2005;330:985, 30 Apr).
An appeal by Queensland抯 attorney general, Rod Welford, that Dr Patel return voluntarily to respond to allegations against him has been rebuffed by his lawyers. One of Dr Patel抯 legal team in Australia, Damien Scattini, ruled out his return from the United States in the absence of any criminal charges.
An interim report by the hospital抯 commission of inquiry, headed by Anthony Morris QC, recommended that Dr Patel be charged initially with one count of murder, or alternatively manslaughter, for unnecessarily performing an oesophagectomy on a patient who died five days later. Dr Peter Miach testified that "no one would have operated on him," because of other serious health problems, including kidney failure.
The commission also recommended that Dr Patel be charged with "a negligent act causing harm" to Marilyn Daisy, who had her leg amputated at the knee. The commission found that Dr Patel showed "a complete abnegation of his duties to the patient" by leaving stitches in her stump unattended, which became infected and gangrenous.
While investigations continue into Dr Patel抯 entire caseload at Bundaberg, the interim report found that these two instances, together with recommended charges of making false representations in his medical registration application and the resulting fraud, were sufficient to warrant the start of extradition proceedings against Dr Patel in either the US, where he owns a house and where his wife lives, or in India, where he was born and family members live.
Dr Patel left Australia on 1 April after first persuading the hospital抯 management to pay for a one way ticket to the US, even though he was under internal investigation. Although his whereabouts were later unconfirmed, a lawyer in Oregon representing Dr Patel contacted the commission after the release of the interim report on 10 June.
Between the announcement of the inquiry in April and the first public hearing in late May the number of former patients of Dr Patel who had died and whose case management was being reviewed grew from three to 87. A clinical audit of his patients, headed by the surgeon Tim Woodruff, is also reviewing dozens more of Dr Patel抯 patients for possible adverse events. The surgeon抯 report is scheduled to be handed to the government at the end of June, at which time the police will assess possible charges.
Extradition proceedings could take several years if Dr Patel pursues all available avenues of appeal. The commission抯 final report is due to be completed by 30 September.(Canberra Bob Burton)
An appeal by Queensland抯 attorney general, Rod Welford, that Dr Patel return voluntarily to respond to allegations against him has been rebuffed by his lawyers. One of Dr Patel抯 legal team in Australia, Damien Scattini, ruled out his return from the United States in the absence of any criminal charges.
An interim report by the hospital抯 commission of inquiry, headed by Anthony Morris QC, recommended that Dr Patel be charged initially with one count of murder, or alternatively manslaughter, for unnecessarily performing an oesophagectomy on a patient who died five days later. Dr Peter Miach testified that "no one would have operated on him," because of other serious health problems, including kidney failure.
The commission also recommended that Dr Patel be charged with "a negligent act causing harm" to Marilyn Daisy, who had her leg amputated at the knee. The commission found that Dr Patel showed "a complete abnegation of his duties to the patient" by leaving stitches in her stump unattended, which became infected and gangrenous.
While investigations continue into Dr Patel抯 entire caseload at Bundaberg, the interim report found that these two instances, together with recommended charges of making false representations in his medical registration application and the resulting fraud, were sufficient to warrant the start of extradition proceedings against Dr Patel in either the US, where he owns a house and where his wife lives, or in India, where he was born and family members live.
Dr Patel left Australia on 1 April after first persuading the hospital抯 management to pay for a one way ticket to the US, even though he was under internal investigation. Although his whereabouts were later unconfirmed, a lawyer in Oregon representing Dr Patel contacted the commission after the release of the interim report on 10 June.
Between the announcement of the inquiry in April and the first public hearing in late May the number of former patients of Dr Patel who had died and whose case management was being reviewed grew from three to 87. A clinical audit of his patients, headed by the surgeon Tim Woodruff, is also reviewing dozens more of Dr Patel抯 patients for possible adverse events. The surgeon抯 report is scheduled to be handed to the government at the end of June, at which time the police will assess possible charges.
Extradition proceedings could take several years if Dr Patel pursues all available avenues of appeal. The commission抯 final report is due to be completed by 30 September.(Canberra Bob Burton)