Doctor admits fault after failing to tell man of cancer diagnosis

Joshua Linder. PHOTO: SUPPLIED
Joshua Linder. PHOTO: SUPPLIED
"I don't want anyone else to experience what I have experienced."

They are the haunting words of Joshua Linder, who died of cancer in June.

Yesterday, a Health Practitioners Disciplinary Tribunal hearing was held in Invercargill to decide if the treatment given to Mr Linder by Dr Nelson Nagoor, who formerly worked at Nga Kete Matauranga Nga Pounamu Charitable Trust’s He Puna Waiora Wellness Centre (Nga Kete) in Invercargill, amounted to professional misconduct.

The tribunal is made up of chairwoman Alison Douglass, Tim Burns, Dr Jan McKenzie, Dr William Rainger and Dr Kristin Good.

In her submissions, acting director of proceedings Jane Herschell said Mr Linder went to Nga Kete on April 5, 2019, to get a mole on his back checked.

On April 12 he returned to Nga Kete, where Dr Nagoor excised the mole.

It was sent to a laboratory on the same day.

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.

There was no further documentation of further action or follow-up in his clinical notes.

When Mr Linder returned for the removal of sutures, the nurse who treated him asked if he had heard from Dr Nagoor about his results, knowing he had been diagnosed with invasive cancer.

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, when Mr Linder met Dr Nagoor again 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.

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.

"These were significant failures, in the face of a clear histology report, and amount to professional misconduct," Ms Herschell said.

In his affidavit, written a month before he died, Mr Linder said at no time did Dr Nagoor talk to him about further treatment or referring him to a specialist at his April 30 appointment.

"I am clear that none of this was told to me in this appointment.

"If Dr Nagoor had said that it was cancer or anything like it, I would have made sure that I had further treatment quickly."

In November, 2019, he was diagnosed with stage 4 melanoma.

"I learned the melanoma should have been treated at a much earlier stage and much more urgently.

"I just remember thinking ‘Really? He let me get that far?’, meaning Dr Nagoor."

Nelson Nagoor. PHOTO: SUPPLIED
Nelson Nagoor. PHOTO: SUPPLIED
Dr Nagoor did not appear at yesterday’s hearing as he returned to live in South Africa in August 2019. However, his affidavit was presented as evidence to the tribunal.

Originally, he stated his memory of treatment for Mr Linder had been "very sketchy" but he believed Mr Linder had declined further treatment.

It was not until he received clinical notes from Nga Kete in relation to the case as well as the affidavit of Mr Linder that he admitted he must have made a mistake in reading the histology report.

"Because of this, approximately five months passed before Mr Linder received treatment for his melanoma.

"I also accept that this delay may have reduced the likelihood of treatment being successful."

He accepted it was professional misconduct.

"I wish I had not made the mistake that I did so that Mr Linder received treatment sooner."

Expert evidence provided by Dr Phillip Keith Monnington states the overall departure from the standard of care and accepted practice when treatment was provided to Mr Linder was severe.

However, Mr Linder presented late with an already advanced lesion which had almost certainly metastasise and that earlier referral would not have altered the ultimate outcome, he stated.

Since returning to South Africa Dr Nagoor had retired from his work as a doctor due to ill health.

An indication of the result will be given by the tribunal this morning, with a more detailed written decision to be released later.

karen.pasco@odt.co.nz

 

 

 

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