Judge stays council ban on surgeon
February 5, 2004
Justice Dawn Gregory-Barnes yesterday granted orders staying the Medical Council of Guyana's decision to withdraw the privileges of Dr John Austin to practise surgery.
The orders also prevent the council from informing the Royal College of Physicians and Surgeons, Ireland and any other such body of its decision to withdraw Dr Austin's privileges to practise general and specialised surgery.
Dr Austin who is a Fellow of the Royal College of Surgeons, Ireland moved to the court following the decision of the council to withdraw his privileges based on a complaint alleging malpractice by Dr Austin in relation to the death of a 12-year-old boy and a request that it investigate the complaint.
In the affidavit in support of his application to the Court, Dr Austin contends he was never informed that any disciplinary proceedings were instituted against him for the alleged misconduct or malpractice. He also said he was never informed of any act of omission which could have constituted such misconduct or malpractice and was never afforded the opportunity to question his accusers. He says the council allowed two doctors who were not members of the council to question him and that he was not informed of any medical opinion by the doctors on which they could be questioned or challenged.
Dr Austin's affidavit states the council could not lawfully or fairly conduct any disciplinary proceedings against him without first informing him of the substance of any adverse expert opinion that it had the benefit of.