Dr William Mooney ENT and Cosmetic Surgeon under investigation

UPDATE 02.07.19 – Media story about Dr Bill Mooney to air tonight on A Current Affair, Channel 9. William (Bill) Mooney is an ENT surgeon under investigation by the HCCC regarding the death of 2 patients, one at Strathfield Private Hospital and the other at East Sydney Private Hospital. Details regarding the cases (as reported in the media) can be found below. As it currently stands, the Medical Council has allowed Dr Mooney to continue to practise under supervision and with various restrictions, pending an investigation by the Health Care Complaints Commission.

EARLIER UPDATE: 03.06.19 – The Medical Council undertook a review of Dr Mooney’s suspension:

“The Council remains concerned about Dr Mooney’s ability to practice surgery safely while unsupervised.
Accordingly:
• Dr Mooney may not conduct most surgeries;
• Other surgeries which he is permitted to undertake may be performed only under the direct observation of a specialist supervisor approved by the Council• Dr Mooney must meet with his specialist surgical supervisor each fortnight who will report back to Council each month.
• Dr Mooney may conduct consultations, again under supervision by a specialist medical practitioner who will ensure Dr Mooney understands relevant professional obligations and report accordingly to the Council.”

Source: Media Release from Medical Council of NSW.

According to AHPRA’s website:

“The Medical Council of New South Wales has considered it appropriate to impose the following conditions on Dr William Wall Warner Mooney’s registration under section 150(1)(b) of the Health Practitioner Regulation National Law (NSW) for the protection of the health and safety of any person or persons, or because it is satisfied that action is otherwise in the public interest. The matter giving rise to the conditions will be referred to the Health Care Complaints Commission. These conditions will have effect until the matter about the practitioner is disposed of, or the conditions are removed by the Medical Council of NSW.

1. Not to perform any paranasal procedures including the following procedures:

• External fronto-nasal ethmoidectomy (MBS 41731)
• Radical fronto-ethmoidectomy (MBS 41734)
• Intranasal operation on the frontal sinus or ethmoidal sinuses (MBS 41737).
• Intranasal operation on sphenoidal sinus (MBS 41752)
• Catheterisation of frontal sinus (MBS 41740)
• Trephine of frontal sinus (MBS 41743)
• Radical obliteration of frontal sinus (MBS 41746)
• External operation on the ethmoidal sinuses (MBS 41749)
• Transorbital ligation of the ethmoidal artery or arteries (MBS 41725)
• Intranasal operation on or removal of foreign body from Antrum (MBS 41716)
• Removal of nasal polyp or polypi (MBS 41662 and 41668)
• Antrostomy (Radical) (MBS 41710)
• Antrostomy (Radical) with transantral ethmoidectomy or transantral vidian neurectomy (MBS 41713)
• Proof puncture and lavage of maxillary antrum (MBS 41698)
• Proof puncture and lavage of maxillary antrum, under general anaesthesia (requiring admission to hospital) (MBS 41701)
• Lavage of maxillary antrum (MBS 41704)

2. To practise under category A supervision when in the operating theatre in accordance with the Medical Council of NSW’s Compliance Policy – Supervision (as varied from time to time) and as subsequently determined by the appropriate review body.

a. The Council-approved supervisor must have Specialist Otolaryngology registration and directly observe the practitioner performing all procedure/s in the operating theatre.

b. The practitioner is to have review meetings with his Council-approved supervisor each fortnight for at least one hour and authorise the Council-approved supervisor to provide reports to the Council on monthly basis.

c. At each supervision meeting the practitioner is to review and discuss his operating practice with his approved supervisor with particular focus on:

i. Operative technique and outcomes
ii. Planned surgeries, including indications and patient selection
iii. Time management of procedures including concerns about the speed some surgeries have been conducted

d. To authorise the Medical Council of NSW to provide proposed and approved supervisors with a copy of the decision which imposed this condition.

e. Not to perform any procedures in the operating theatre until supervisor has been approved by the Council.

3. To practise under category C supervision for all other non-operating theatre practice in accordance with the Medical Council of NSW’s Compliance Policy – Supervision (as varied from time to time) and as subsequently determined by the appropriate review body.

a. The practitioner is to have review meetings with his Council-approved supervisor each month for at least one hour and to authorise the Council-approved supervisor to provide reports to the Council (in a Council approved format) on a 3 monthly basis.

b. At each supervision meeting the practitioner is to review and discuss his practice with his approved supervisor with a particular focus on:

i. Boundaries with patients
ii. Appropriate prescribing practices
iii. Clinical outcomes
iv. Medical record reviews
v. Work load and work related stress
vi. Overall patient care and management

c. To authorise the Medical Council of NSW to provide proposed and approved supervisors with a copy of the decision which imposed this condition.

4. Within 7 days of the end of each calendar month, the practitioner is to provide the Medical Council of NSW with a record of all procedures performed in the operating theatre in the last month. The record must include the following:

• the full name and date of birth of the patient
• the date and start and finish time of each procedure
• the name of the procedure
• Medicare item number
• the name and signature of the Council-approved Category A supervisor present throughout the procedure
• any complications arising during and/or as a result of the procedure (and specifically advising of any unplanned return to theatre and/or any post-operative infection).

5. To practise no more than a total of 35 hours per week.

6. Not to possess, supply, administer or prescribe:

a. Phentermine
b. Orlistat
c. Liraglutide
d. Topiramate
e. Phentermine/topiramate combination
f. Altrexone/bupropion combination
g. Lorcaserin

7. To submit to an audit of his medical practice, by a random selection of his medical records by a person or persons nominated by the Medical Council of NSW and:

a. The audit is to be held as required by the Council.

b. The auditor(s) is to examine and assess the following aspects of his practice including:

i. a general medical records audit of his practice
ii. an audit of operative procedure records, including the indications and compliance with conditions

c. To authorise the auditor(s) to provide the Council with a report on their findings.

d. To meet all costs associated with the audit and any subsequent audits and reports.

8. To authorise and consent to any exchange of information between the Medical Council of NSW and Medicare Australia for the purpose of monitoring compliance with these conditions.

This registration is also subject to other conditions. These conditions are not publicly available due to privacy considerations.”

EARLIER UPDATE: 13.11.18 – media reports that Dr Mooney has been suspended.

It has been reported in the media, that celebrity nose job doctor William Mooney is under investigation by the coroner in relation to the deaths of 2 patients.

Dr Mooney boasts on his website that not only is he “Australia’s leading ENT, specialising in Facial Plastic Surgery” but also  “Sydney’s Premiere Rhinoplasty Surgeon.” He has clinics in Bondi Junction and Bankstown, and founded Face Plus Medispa, on Bondi Beach, a day spa offering beauty treatments.

ABOUT THE CASES (AS REPORTED IN THE MEDIA)-

Patient Death: East Sydney Private Hospital

The Sydney Morning Herald reported on 2 March 2018, that Alex “Little Al” Taouil, a feared standover man and a close associate of bikies and Melbourne identity Mick Gatto, died after undergoing nasal surgery by Dr William Mooney at East Sydney Private. Dr Mooney says Mr Taouil had a post operative stroke that was not directly related to any trauma from the surgery. This case has  however been referred to the coroner.

Second Patient Death: Strathfield Private Hospital

On 15 February  2018, Pouya Pouladian underwent surgery by Dr William Mooney ENT for sinus problems/sleep apnoea at Strathfield Private Hospital. Dr Mooney allegedly nicked an artery during the surgery.

Nurses told the family that Dr Mooney would come to see them after the surgery. That night they waited until 8pm only to be told Dr Mooney had gone home. “He never came,” Mrs Pouladian said. The family said that, in the two days Pouya was in Strathfield Private, Dr Mooney did not see or speak to him or his family.

Pouya was discharged from hospital on 17 February, and within hours began vomiting. He collapsed and was taken to Canterbury Hospital by ambulance. He was then transferred to Concord hospital, where he subsequently went into cardiac arrest and died.

It was reported on 31/07/18 by media outlets that Pouya’s sister and mother died in a suicide pact on 30/07/18, and that Pouya’s sister was suffering from depression following her brother’s death.

Dr William Mooney and drug testing

Medical sources have confirmed that further restrictions have been placed on Dr William Mooney’s registration on top of the current conditions which require him to undergo random drug testing.

A search of AHPRAs database revealed that Dr William Mooney currently (22/03/18) has the following conditions imposed on his registration:

1. Not to perform the following frontal and ethmoidal sinus procedures:•

    • External fronto-nasal ethmoidectomy (MBS 41731)
    • Radical fronto-ethmoidectomy (MBS41734)
    • Intranasal operation on the frontal sinus or ethmoidal sinuses (MBS 41737)
    • Catheterisation of frontal sinus (MBS 41740)
    • Trephine of frontal sinus (MBS 41743)
    • Radical obliteration of frontal sinus (MBS 41746)
    • External operation on the ethmoidal sinuses (MBS 41749)
    • Transorbital ligation of the ethmoidal artery or arteries (MBS 41725)
    • Removal of nasal polyp or polypi (MBS 41662, 41665 and 41668)

2. To nominate an experienced ENT surgeon to act as his professional mentor for approval by Medical Council of NSW in accordance with the Medical Council of NSW’s Compliance Policy – Mentoring (as varied from time to time) and as subsequently determined by the appropriate review body.

(a) The first mentoring meeting is to occur within a week of being advised that his mentor is approved and thereafter at a frequency to be determined by the mentor.

At each mentoring meeting the practitioner is to include discussion of the following:

i) the personal and professional effect that the issues which brought the practitioner to the attention of the Council have had on the practitioner

ii) possible clinical concerns raised by the Council, such as his current heavy workload, patient and procedure selection, and time management of procedures including concerns regarding the speed of those procedures

iii) how the practitioner has reflected on his practice, and whether changes to his practice are required.

(b) To authorise the mentor to report, in an approved format, to the Council within one month of being advised that his mentor is approved and every three months thereafter about the fact of contact, and to inform the Council if there is any concern about his professional conduct, health or personal wellbeing.

(c) To authorise the Medical Council of NSW to provide proposed and approved mentors with a copy of the decision which imposed this condition.

3. To submit to an audit of his medical practice, by a random selection of his medical records by a person or persons nominated by the Medical Council of NSW and:

a) The audit is to be held within 3 months from 21 March 2018 and subsequently required by the Council.

b) The auditor(s) is to examine and assess the following aspects of his practice including:

i) a general medical records audit of his ENT practice

ii) an audit of operative procedure records, including the indications, compliance with conditions, and where possible, duration of such procedures against complexity and reasonably expected duration

c) To authorise the auditor(s) to provide the Council with a report on their findings.

d) To meet all costs associated with the audit and any subsequent audits and reports.

4. To authorise and consent to any exchange of information between the Medical Council of NSW and Medicare Australia for the purpose of monitoring compliance with these conditions.

This registration is also subject to other conditions. These conditions are not publicly available due to privacy considerations.

Sources:

Psychiatrist Dr Anthony Slowiaczek disqualified

Dr Anthony Slowiaczek was a specialist psychiatrist practising at the Maitland Specialist Centre, attached to the Maitland Private Hospital in Maitland (“Centre”).

Between 2012 and 2016 he engaged in an improper personal and sexual relationship with Patient A, a vulnerable female patient.  Patient A had a history of childhood sexual abuse and sexual exploitation and had been previously diagnosed as suffering from Attention Deficit Hyperactivity Disorder, complex Post-traumatic Stress Disorder and depression.

Dr Slowiaczek:
• inappropriately prescribed to Patient A a drug of addiction
• inappropriately prescribed medication to a friend and a close family member
• failed to maintain adequate medical records, and
• suffers from an impairment which is managed by medication and continuing weekly psychiatric consultations and psychotherapy. 

Dr Anthony Slowiaczek was found guilty of professional misconduct; is disqualified from registration as a medical practitioner; may not file any application to review the disqualification until after 30 September 2023.

Plastic surgeon Dr Ian Holton suspended

Dr Holten is a plastic surgeon and between July 2011 and January 2014 he provided cosmetic medical and surgical services to the patient on 10 occasions. Before he provided professional services to her, they had met on numerous occasions and were in a friendship circle that revolved around common interests.

Over the period of the professional relationship, Dr Holten and the patient contacted each other regularly via telephone calls and text messages, met for coffee, and sat in his car together and discussed their personal lives and the patient’s marital difficulties. He failed to manage professional boundaries for some time. In January 2014, he had sexual intercourse with her. On or about 11 and 12 January 2014, Dr Ian Holten behaved in a way that constituted professional misconduct by engaging in sexual misconduct, in that he had sexual intercourse with a patient.

Tribunal findings:

Between about 12 July 2011 and 17 January 2014 (inclusive), Dr Ian Holten, behaved in a way that constituted unprofessional conduct, in that he failed to maintain the professional boundaries that should, and ordinarily do, exist between a  medical practitioner  and their patient .

Dr Holten’s registration is suspended for a period of three months, the suspension to commence on 11 July 2019.

The tribunal stated: “We are satisfied that Dr Holten is at low or no risk of repeating the conduct. He has practised safely not only for the last five years, but also for decades prior to that. He is otherwise of good character. His early admissions and cooperation are to his credit. There has already been a considerable personal impact on him. “

Source: http://www6.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2019/837.html

Psychiatrist gets vulnerable patient pregnant

A Melbourne psychiatrist got a patient pregnant after she was referred to him following a workplace sex assault.

The patient saw Dr Luke Ainsworth five times during 2016 and a personal relationship unfolded between them. A sexual relationship ensued and she soon discovered she was pregnant. She alleged she felt pressure by him to terminate the pregnancy, which she did.

The Medical Board of Australia was notified of his conduct in August 2016 and referred the matter to the tribunal. After this, Dr Ainsworth gave an undertaking not to practise and allowed his registration to lapse.

The Victorian Civil and Administrative Tribunal found him guilty of professional misconduct and disqualified him from applying to register as a medical practitioner before December 31.

The Tribunal noted “We regard it as appropriate to take into account Dr Ainsworth’s period of non-practice when he was fit to practice and reject the submission of the Board that this was not relevant as he did not seek to practise during this time. We are of the view that it demonstrates some insight into the seriousness of his conduct. We felt that a period of three years of non-practice was warranted to reflect the seriousness of the conduct and to send a message to Dr Ainsworth and other practitioners and thus determined that Dr Ainsworth should be disqualified until 31 December 2019.”

http://www6.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2019/734.html

Dr Hugh Joffe Psychologist Banned

Here we have a case of a psychologist over-servicing and taking advantage of a vulnerable patient.

Dr Hugh Ian Joffe, a registered psychologist practising in Vaucluse, Sydney, charged his banker patient almost $220,000 in sessions that were overtaken by his plans to make a Holocaust documentary with the patient.

The Tribunal heard Dr Joffe proposed to see the patient six days a week and, knowing what salary he was earning, told him he would need to borrow money to fund the therapy. The patient claimed that he had spent a total amount (on therapy and film): $360,000 plus ongoing interest on mortgage payments.

Dr Joffe also advised the patient to reconnect with Judaism, in particular Orthodox Judaism, and to worship at the same synagogue as him; stop eating non-Kosher food and attended the patient’s home for religious ceremonies.

The patient said, “I believe I was taken advantage of by Dr Joffe. I believe I was over-serviced by Dr Joffe and that he was wrong to enter into a film project with me and to encourage me to incur excessive costs, funded [by] my mortgage.”

After 41 years, Dr Joffe retired from practising in April 2017, surrendering his registration the following month.

The Civil and Administrative Tribunal of NSW found that Dr Hugh Joffe’s “conduct was aimed at his own gratification; was egregious in that it was an extreme and invasive manipulation of Patient A’s life at many levels; and that it took advantage of Patient A’s weaknesses that he, Dr Joffe, as therapist, had a unique insight into.”

The Tribunal further stated “the conduct complained constitutes boundary violation of the most serious kind and exploitation of a vulnerable patient, and breaches all relevant codes of conduct in relation to the maintenance of trust and confidence in the psychologist/patient relationship. The Tribunal finds that the respondent has consistently displayed a concerning lack of insight into the seriousness of his conduct.”

The Tribunal cancelled Dr Joffe’s registration, prohibiting from providing any health services, and barred him from re-registering for 4 years.

Sydney Dentist Dr James Ng – Infection Control Breaches

Dr James Pok-Yan Ng a dentist practising in Haberfield, Sydney, was suspended last month after his cleaning and sterilisation practices breached Australian Dental Guidelines.

An inspection found that the dental equipment and practice were poorly cleaned. Sydney Local Health District [SLHD] said patients who had visited the Ramsay Street practice in the past 35 years should get precautionary testing for hepatitis B, C and HIV.  Patients who have had multiple invasive procedures are in particular, at risk of contracting an infection.

Sexual Misconduct by Doctors, Health Care Professionals in NSW | Cases 2017-2018

List of health care practitioners prosecuted by the Health Care Complaints Commission in NSW for misconduct of a sexual nature/ boundary violations with patients.

2018

2017

  • Dr Phillipa Rickard
  • Dr Nirmit Milan Sheth, General Practitioner
  • Mr Robert Ferguson (Bray-Ferguson), a non-registered health practitioner providing counselling services as a qualified social worker.
  • Mrs Brooke Ledner, Psychologist
  • Dr Teresa Wong, General Practitioner
  • Dr Mohamed Payenda Zhouand Safi, General Practitioner
  • Dr Elvin Suet Pang Cheng
  • Dr Saeid Saedlounia
  • Dr Miodrag Huber, General Practitioner
  • Dr Elvin Suet Pang Cheng.
  • Mr Harry Mayr, Psychologist
  • Dr Aamer Sultan, Medical Practitioner
  • Mr Anthony Elliot, Enrolled Nurse

… more info to come on sexual misconduct and disciplinary cases.

 

Emil Gayed Gynaecologist Doctor under investigation for medical negligence and misconduct

HCCC Prosecution of Dr Emil Gayed, Gynaecologist for misconduct

The NSW Health Care Complaints Commission recently prosecuted a complaint against Dr Emil Shawky Gayed, a formerly registered obstetrician and gynaecologist, before the NSW Civil and Administrative Tribunal (‘the Tribunal’). The complaints related to the management of 7 patients over a 3 year period at the Manning Rural Referral Hospital in Taree NSW.

The most serious of complaints against Dr Gayed were:

    1. Performing a hysterectomy when it was not clinically indicated.
    2. Failing to identify a 10 week pregnancy when performing an endometrial ablation on a patient.
    3.  Informing a patient that he was certain she had cervical cancer and undertaking procedures on her post-partum cervix that were not clinically indicated as there was no evidence of cervical malignancy.
    4. Undertaking a diagnostic laparotomy and unnecessarily removing a patient’s right ovary and fallopian tube which appeared normal and injuring the patient’s left ureter in the process.

On 6 June 2018, the Tribunal found Dr Gayed guilty of professional misconduct.  The Tribunal ordered that if Dr Gayed was registered, it would have cancelled his registration and that Dr Gayed be disqualified from being registered for a period of 3 years.

National Inquiry into Dr Gayed

On 25 June 2018,  the New South Wales Department of Health announced an inquiry into the disgraced gynaecologist Dr Gayed and his work for at least four public hospitals Cooma hospital, Kempsey district hospital, Manning Base hospital and Mona Vale hospital.

The inquiry will be conducted by barrister Gail Furness SC, who will be assisted by specialist obstetrician and gynaecologist Doctor Greg Jenkins. Ms Furness and Dr Greg Jenkins, are due to report back by 30 September.

Baby wrongly injected during scan at Nepean Hospital

Channel 9 news has reported that baby Declan was injected with the wrong medication whilst undergoing a routine CT scan at Sydney’s Nepean Hospital.

An emergency department doctor accidentally administered 12mg of intravenous Suxamethonium instead of administering 12mg of Ketamine to the baby.

Declan stopped breathing for 90 seconds and turned blue. The Director of the Emergency Department met with the parents that day and apologised.

Suxamethonium is a short acting depolarising neuromuscular blocking agent (NMB). It essentially causes short-term paralysis and is used as sedation/relaxation in anaesthesia.

    • Endotracheal intubation.
    • Endoscopic examination.
    • Orthopaedic manipulations.
    • Short surgical procedures.

There are numerous guidelines regarding the administration of this drug in hospitals in Australia. Equipment for intubation and ventilation must be available. It should only be given when a person experienced in endotracheal intubation is present. It should not be administered to a conscious patient.

Youngjin Jung, NSW Physiotherapist jailed for Indecent Assault and Deregistered

Central Coast Physiotherapist jalied and deregistered

Name: Youngjin Jung

Education: Physiotherapist; graduated from Curtin University, 2009.

Practice: Ocean Beach Physiotherapy Practice at Umina Beach, Central Coast, NSW.

Criminal case: Jung v R [2017] NSWCCA 24 (6 March 2017)

Civil case/disciplinary action: Deregistered 7 years from 19 April 2018; Health Care Complaints Commission v Jung [2018] NSWCATOD 53

Overview of legal action against Youngjin Jung

In 2016 Mr Jung was convicted of eight counts of indecent assault in relation to six female patients that occurred between 23 April and 12 June 2014. Mr Jung was sentenced to an aggregate sentence of five years’ imprisonment with a non-parole period of three and a half years. He will be eligible for parole on 22 August 2019.

Indecent assault accusations against the physiotherapist included massaging patients’ breasts and touching pubic area of a patient. The “conduct was not in any way related to therapeutic treatment,” Judge Clive Jeffreys said in handing down his sentence. “It was undertaken by the offender for sexual gratification­.”

The Health Care Complaints Commission (‘the Commission’) prosecuted Mr Youngjin Jung before the NSW Civil and Administrative Tribunal (‘the Tribunal’). The Commission alleged that because Mr Jung had been convicted of criminal offences in NSW he was not a suitable person to hold registration as a physiotherapist.

On 19 April 2018, the Tribunal found that Mr Jung was not a suitable person to hold registration as a physiotherapist. The Tribunal cancelled Mr Jung’s registration and ordered a non-review period of 7 years. The Tribunal also made a prohibition order that Mr Jung be prohibited from providing any health services for a period of seven years.