An uncertified Invercargill urologist failed to provide appropriate care to a cancer patient, the Health Practitioners Disciplinary Tribunal says. In a decision released on Monday, the tribunal gave its findings on three charges considered last September.
The tribunal found Dr Sajan Bhatia had continued to practise medicine while not holding a current annual practising certificate, between December 2008 and July 2009, and that he failed to comply with conditions the tribunal had imposed on his scope of practice in 2007.
The third charge relating to his treatment of a patient, while not fully established, was still sufficiently serious to warrant disciplinary sanction, the tribunal found.
At the request of the tribunal, the professional conduct committee of the Medical Council of New Zealand has filed submissions on an appropriate penalty for Dr Bhatia, but it is unlikely a decision will be made by the tribunal before March.
Dr Bhatia had been treating Ms N - whose name was suppressed - for bladder cancer since 2000.
Ms N told the tribunal she saw Dr Bhatia in May 2009, complaining of frequent and painful urination, which was "claret coloured".
She visited the office two days later and Dr Bhatia arranged for her to have a urine test and prescribed some antibiotics.
The doctor later arranged a sleeping pill prescription for her.
Ms N told the tribunal Dr Bhatia had suggested she had strained a muscle and could take Panadol.
However, at the end of May, Ms N was admitted to hospital and doctors found she was suffering from kidney stones.
A urologist also discovered she had a tumour on her left kidney.
When Ms N decided to make a complaint to the Medical Council, Dr Bhatia rang her at home and tried to persuade her to talk to him, Ms N said.
Another witness, Southern Cross Hospital Invercargill manager Judith Bradley, told the tribunal Dr Bhatia had failed to complete forms she had given him - part of the hospital's new credential policy.
She reminded him about the forms for more than a year and he eventually supplied them, but without a copy of his practising certificate.
She then informed the Medical Council, as she could not find his name on the medical register.
They told her Dr Bhatia did not have a practising certificate and the hospital dismissed him.
Ms Bradley told the tribunal Dr Bhatia had performed 13 operations or surgical lists at the hospital.
The tribunal determined Dr Bhatia was guilty of failing to provide Ms N with BCG therapy (a treatment for bladder cancer), but did not find his oversight in failing to undertake this was sufficiently serious to warrant disciplinary sanction.
However, when this oversight was combined with his failure to urgently organise upper urinary tract imaging, that was sufficient to incur disciplinary sanction.
Three other allegations under the charge relating to Ms N's care, involving communication, failing to consider the possibility of cancer recurrence and not putting in place alternative care arrangements, were not proven.
The tribunal noted Dr Bhatia's wife had died, which would have distracted him from his practice and the requirements of the Medical Council.
Dr Bhatia did not attend the hearing - it is believed he now lives in South Australia.
He was fined $8500 in October last year after an Invercargill District Court judge found him guilty of practising without a certificate.
Dr Bhatia had been a urologist for more than 20 years in Invercargill and was a member of the Southern District Health Board.
- By NZPA and Elspeth Mclean
