Invercargill: A former doctor has been found guilty of what amounted to professional misconduct after failing to advise a patient who later died of a cancer diagnosis. A Health Practitioners Disciplinary Tribunal has held a hearing in Invercargill to determine whether now-retired GP Nelson Nagur failed to care for his patient Josh Linder, 31, and acted in what amounted to professional misconduct.
Advocate Alison Douglas, Associate Professor Jan McKenzie, Dr. William Rainger, Dr. The tribunal is made up of five people, including Kirsten Good and Tim Burns.
The doctor was charged under the Health Practitioners' Competence Assurance Act 2003 for treating Linder between April 5 and August 2, 2019. The tribunal determined that his actions between those times were negligent and brought the medical profession into disrepute.
A date has not yet been set for the penalty tribunal hearing, but it is likely to take place next month. Tribunal found doctor failed to advise cancer patient, professional misconduct. Former Invercargill doctor Nelson Nagur has faced allegations of misconduct following the death of Josh Linder.
The incident
In April 2019, Linder visited a general practitioner to have a mole on his back checked after he was concerned.
Nagor received a histology report that Linder had an aggressive form of melanoma cancer, but the GP misdiagnosed the condition as non-cancerous. He allegedly failed to adequately communicate with Linder about the report until August 2019. Although the report "recommended a wide excision," Linder was not referred for a specialist evaluation.
In September of that year, Josh went to another doctor and was diagnosed with a tumor that had metastasized in an area under his armpit, confirming an aggressive form of melanoma.
In November 2019, Nagor lodged a complaint with the Health and Disability Commissioner about the treatment given to Linder. Linder died in June this year.
Days before his death he spoke to TVNZ's Sunday program in the hope his story would help prevent others from having a similar experience.
Nagore is no longer in the country. He worked as a general practitioner in a southern city for about three years and practiced medicine in New Zealand for over a decade. He did not appear at the hearing but was represented by his lawyer, Adam Holloway. He heard from his lawyer on the first day of the tribunal on Thursday.
Reading the doctor's affidavit on his behalf, he said he "regrets my actions". "I accept that I made a mistake," said Mr. Linder, adding that it was nearly five months before he received treatment for his melanoma."I also understand that this delay may reduce the likelihood that treatment will be successful."
The panel will now have to decide whether Nagur's actions constituted malpractice, negligence and/or conduct that brought the medical profession into disrepute.
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