A Health Practitioners Disciplinary Tribunal hearing was held today to decide the penalty of Dr Nelson Nagoor after he was proven to be negligent and of bringing the medical profession into disrepute during a hearing in Invercargill last month.
The tribunal, which included chair Alison Douglass, Tim Burns, Dr Jan McKenzie, Dr William Rainger and Dr Kristin Good, gave its verbal decision today after submissions from counsel. A formal written sentence will be submitted at a later date.
Dr Nagoor is now retired and living in South Africa.
The decision stated that if he returns to New Zealand to work, he will have to do so under supervision for 18 months, with the cost of his supervisor being met by him and also be required to undertake a performance assessment.
He will not be able to practice as a sole practitioner for a period of three years and he will have to undergo assessment from the Medical Council health committee to assess he is fit to practice.
His three month suspension will begin after the written decision is submitted, Ms Douglass said.
He was also ordered to pay 35% of the costs of prosecution estimated to be $26,000.
Ms Douglass also recommended that the relevant medical council in South Africa be notified of the tribunal's decision.
Dr Nagoor was working at Nga Kete Ma Tauranga Nga Paonamu Charitable Trust’s He Puna Wai ora Wellness Centre (Nga Kete) in Invercargill when Joshua Linder saw him on April 5, 2019 about a mole on his back.
A histology report stating it was an invasive primary melanoma with a subtype of superficial spreading melanoma was sent back to Nga Kete on or about April 17.
Dr Nagoor recorded the results as superficial spreading melanoma in Mr Linder’s clinical records and did not contact him to discuss the results.
When Mr Linder returned for the removal of sutures the nurse who treated him, knowing he had been diagnosed with invasive cancer, asked if he had heard from Dr Nagoor about his results.
When Mr Linder told her he had not, she arranged to make an appointment for him with Dr Nagoor.
On April 30, when Mr Linder directly asked Dr Nagoor if he had cancer, the doctor replied "no cancer".
On August 2, Mr Linder met with Dr Nagoor again but there was no referral made and no further discussion about treatment.
It was not until September 27, 2019, when Mr Linder was seen by another doctor at Nga Kete for a growth under his arm, that he was referred for specialist treatment.
Mr Linder died in June this year.
The failure to advise Mr Linder of his diagnosis, advising him he did not have cancer, failure to advise he needed further treatment, incorrect note taking, failure to refer and document discussions of a referral, giving incorrect review times and not conducting appropriate checks were the basis for the charge laid.
