Interview with the President – Patel Case

“ Patel’s defence counsel has indicated it wants the Court of Appeal to review the rarely used sections of the Criminal Code invoked in the trial.

Because of a lack of precedents, there had been uncertainty over whether the law relied on by the prosecution covered Patel’s decisions to commend the operations to his patients or just the operations themselves. The latter may have made a conviction unlikely.

The Crown said Patel misread a CT scan, performed unnecessary operations, didn’t consult other specialists, disregarded his own limitations and often botched the surgery, all at a hospital ill-equipped to deal with the possible post-operative problems.

In week 11 of the 14-week trial, Justice John Byrne ruled that the law applied to broader surgical treatment.

Richard Douglas S.C. is the president of the Bar Association of Queensland. He says the issue would be given serious consideration in an appeal, given the possible jail sentences involved.

RICHARD DOUGLAS: The question of law which arises in this case is whether a doctor can be criminally responsible for adverse outcomes in an operation which never ought to have been attempted, so it’s alleged, but which was conducted with the patient’s consent and where the actual procedure was conducted without negligence. That will be the core, it seems to me, of the rulings which will be necessary for the Court of Appeal to address.

ANNIE GUEST: How difficult is it to get a sense of what ruling the Court of Appeal could make?

RICHARD DOUGLAS: Annie, I defy anyone to confidently predict the outcome of any appeal in this case. The parties in this case had the benefit of a judge of impeccable judicial pedigree, Justice Byrne and counsel of the highest calibre. This is legal virgin territory but the outcome no doubt will be very important to the practice of medicine in this State.

ANNIE GUEST: The State Government has alreaady indicated its willingness to change the Criminal Code as a result of the Patel case. The Attorney-General Cameron Dick says the Government will monitor the outcome of any appeal.

CAMERON DICK: If changes are needed we’ll make those changes but that’s doen the track and I don’t want to pre-empt anything.

ANNIE GUEST: Indeed, no-one wants to risk commentating a possible Court of Appeal decision.”
 
The full transcript and audio are available on  http://www.abc.net.au/pm/