Yesterday, a Health Practitioners Disciplinary Tribunal found Joshua Linder’s former doctor Nelson Nagoor acted in a way that amounted to professional misconduct.
Dr Nagoor, now retired and living in South Africa, was also found negligent and that he had brought discredit to the medical profession.
A tribunal hearing took place in Invercargill on Thursday .
The tribunal was made up of chairwoman Alison Douglass, Tim Burns, Dr Jan McKenzie, Dr William Rainger and Dr Kristin Good.
Dr Nagoor was working at Nga Kete Matauranga Pounamu Charitable Trust’s He Puna Waiora Wellness Centre in Invercargill in April2019 when Joshua Linder presented to him with a mole on his back.
When Mr Linder revealed to a nurse on another visit to Nga Kete he had not been given the results, she immediately made another appointment for him to see Dr Nagoor on April 30, knowing the histology report revealed he had cancer.
At that visit, when asked by Mr Linder specifically if he had cancer, Dr Nagoor told him he did not. Neither did he discuss treatment or refer him for a further recommended excision. He also did not complete examinations that would be standard if someone was diagnosed with a cancerous mole.
Yesterday, Ms Douglass said while Dr Nagoor had already admitted professional misconduct the tribunal had to come to the conclusion it was proven.
The decision came as a bittersweet victory for Mr Linder’s family.
His cousin Rebekah Bootsma said it was exactly what Mr Linder would have wanted.
"This was great. He has been heard, his voice has been heard and we all worked really hard to make sure that happened for him."
His aunt Eileen Bootsma said the family would not have pushed for this result except for Mr Linder’s effort.
"Even when he was really sick he kept going — he never gave up — and our promise to him before he passed away was that we would continue with this and we would see this through.
"This has all been for Josh," she said.
"This is huge recognition for Josh that this doctor made a huge mistake."
The only admission of wrongdoing by Dr Nagoor was in the affidavit signed on October 21 this year, which which was provided as evidence during the hearing.
The responses Dr Nagoor had provided prior to Mr Linder’s death in June were that he had not done anything wrong, he had a vague recollection of events and he was sure he did things differently fromm how Josh remembered.
"So Josh died hearing that from Dr Nagoor. He didn’t hear this apology, he didn’t hear that he was owning up to making a huge mistake."
Eileen Bootsma said Mr Linder, who had autism, had taken the misdiagnosis very personally.
In his last days he asked his mother if it was his tattoos, or something he said or did that led Dr Nagoor to do what he did.
"He thought the doctor didn’t like him and he died believing that and we can’t change that.
"Maybe if Dr Nagoor had fronted earlier on he could have made that right."
Rebekah Bootsma said said they laid no blame with Nga Kete which had done everything to help and had come to the party early on and made changes.
All Dr Nagoor’s cases had been reviewed and the practice was now doing peer reviews of any information that came in, Eileen Bootsma said.
While it was a bittersweet victory for the family they were proud of what had been achieved.
"Now we can grieve because we haven’t yet," she said.
