Doctor found negligent after failing to tell patient of cancer diagnosis

A former Invercargill doctor has been found negligent and to have acted in a way that amounted to professional misconduct.

• Doctor admits fault after failing to tell man of cancer diagnosis

A Health Practitioners Disciplinary Tribunal made up of chair Alison Douglass, Tim Burns, Dr Jan McKenzie, Dr William Rainger, Dr Kristin Good also found Dr Nelson Nagoor brought discredit to the medical profession.

The decision was given as an indication to counsel and friends and family of Joshua Linder today at the end of a hearing in Invercargill with a full written decision to be released at a later date.

Dr Nelson Nagoor was working at Nga Kete Matauranga Pounamu Charitable Trust’s He Puna Waiora Wellness Centre in Invercargill in April 2019 when Joshua Linder (31) presented to him with a mole on his back.

After sending the mole to be examined at a laboratory, Dr Nagoor incorrectly entered the histology findings into the computer system as a superficial spreading melanoma rather than an invasive primary melanoma with a subtype of superficial spreading melanoma.

When Mr Linder revealed to a nurse on another visit to Nga Kete he had not had 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 and also did not 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.

On Friday morning, Ms Douglass said while Dr Nagoor had already admitted professional misconduct the tribunal had to come to the conclusion it was proven.

They found all four particulars of the charge were proven including failure to advise Mr Linder of his diagnosis, telling 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.

"We will find that there has been negligence and that professional misconduct is established," Ms Douglass said.

It was by Joshua’s own evidence through his affidavit written before his death in June this year, which outlined what Dr Nagoor had discussed with him on his appointments as well as the patient records themselves, which proved the charges, she said.

A nominal date of November 23 has been set for the tribunal to hear submissions and make a decision of what penalty Dr Nagoor will face as a result of the findings.

karen.pasco@odt.co.nz