Sacked doctor who removed wrong kidney has court victory
THE Rockhampton Hospital urologist stood down after he removed the wrong kidney of a patient has had a court victory.
Brisbane Justice Ann Lyons found Dr Antonio Vega Vega was denied natural justice during the preparation of clinical review and health service investigation reports.
She found Dr Vega Vega should have been given all the health information and documents relied upon for the reports.
Justice Lyons also ruled natural justice was breached when health service investigators delivered their report to the Acting Director-General of Health on September 5, 2014 despite denying that information to Dr Vega Vega.
Dr Vega Vega's barrister Stephen Keim earlier argued the surgeon, who also worked in Gladstone, was only given reports in his favour.
But barrister Declan Kelly, acting for Queensland Health and the investigators, said Dr Vega Vega was not entitled to all the material.
Mr Kelly said doctors were more likely to be truthful for confidential submissions.
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After the judgment was handed down on Tuesday Dr Vega Vega said he felt gratified by the court's findings and that the reports were now invalid.
He thanked his family, friends, local medical community and the Rockhampton community for their support.
Last year the Queensland Civil and Administrative Tribunal set aside the Medical Board of Australia's suspension of Dr Vega Vega.
He has continued to practise privately.
But the Medical Board's own inquiries into Dr Vega Vega's alleged botched surgeries are ongoing.
A ruling on costs will not be made until the court hears from the lawyers from both sides.