It's difficult to get rid of bad doctors, inquiry told
Published Saturday September 27th, 2008
MONCTON - Once you hire a bad doctor, it's difficult to get rid of them, says the chief of staff for the new Regional Health Authority B.
Dr. Tom Barry told the Creaghan pathology inquiry Friday that hospital administrators and physicians are afraid of being sued if they try to strip a doctor of his right to practice.
Barry said ensuring that a hospital obtains the highest-quality work starts with the hiring process. He was being questioned by a lawyer for the College of Physicians and Surgeons of New Brunswick.
"The worst thing you could do is get a bad doctor - it's hard to get rid of them," Barry said. "The credentialing, looking at that portfolio "¦ is hugely important."
The inquiry has heard repeated testimony over 40 days of hearings from several administrators of the former Miramichi Regional Health Authority who tried unsuccessfully to suspend Miramichi Regional Hospital pathologist Dr. Rajgopal Menon.
The inquiry has heard that the health authority's medical advisory committee had the opportunity to suspend Menon in 2005, but ruled there was no merit to complaints they had received about the pathologist. It has also been told that the legal implication appeared to play a role in that decision.
Barry, a practising physician in Fredericton, was not involved in attempts to suspend Menon and spoke from his perspective as a member of the River Valley Health system.
He did not clarify himself until his quote was read back to him by during witness cross-examination.
Barry elaborated when he was asked to clarify his statement by Julian Dickson, a lawyer for the former regional health authority.
"If you have someone who is not up to the standards of the community, and that's how standards are set, it is difficult to be able to take away privileges," Barry said.
"There is the fear of litigation that physicians have when taking away privileges, there is the fear of litigation that the hospital has when taking away privileges."
"The process is difficult and it has to be done meticulously."
Barry was then asked for another clarification by Canadian Medical Protective Association lawyer Maureen Murphy.
"You talked about the removal of privileges being difficult," said Murphy.
"If I understood you correctly, you weren't saying it was difficult in that the medical advisory committee doesn't feel that it can take away privileges, or it is afraid to take away privileges," Murphy said.
She then suggested that an advisory committee "wants to make sure its done in accordance to a fair process and that there is evidence that justifies removal of privileges."
Barry said he agreed adding it has to be fair and just.
A review of Menon's work earlier this year found discrepancies with 18 per cent of 226 breast and prostate cancer reports and sparked the Creaghan inquiry.
An Ottawa lab is now reviewing 24,000 cases that were originally examined by Menon, now 73, during his tenure there between 1995 and last year.
Friday marked the 40th day of the inquiry, which began its hearings May 5. The final stage of the inquiry ends next week and Creaghan's final report to the Department of Health is due before Dec. 31.
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