Dr Emil Shawky Gayed – Professional misconduct
18 June 2018
The Health Care Complaints Commission prosecuted a complaint against Dr Emil Gayed, a formerly registered obstetrician and gynaecologist, before the NSW Civil and Administrative Tribunal (‘the Tribunal’) The complaint alleged that Dr Gayed was guilty of unsatisfactory professional conduct and professional misconduct in relation to his clinical examination and management of seven patients over a three year period.
At the relevant period, Dr Gayed was a Visiting Medical Officer in the Maternity and Gynaecological division at Manning Rural Referral Hospital in Taree. The complaints against Dr Gayed related to his failure to obtain informed consent, poor record keeping as well as a number of clinical failings, the most serious of which related to:
• Performing a hysterectomy when it was not clinically indicated given the patient’s complex medical history and wish for the lesser treatment of a myomectomy to be performed;
• Failing to identify a 10 week pregnancy when performing an endometrial ablation on a patient;
• Informing a patient that he was certain she had cervical cancer and undertaking procedures on her post-partum cervix that were not clinically indicated as there was no evidence of cervical malignancy;
• Undertaking a diagnostic laparotomy and unnecessarily removing a patient’s right ovary and fallopian tube which appeared normal and injuring the patient’s left ureter in the process.
Dr Gayed was legally represented, however, he did not attend the hearing and did not give evidence.
On 6 June 2018, the Tribunal found Dr Gayed guilty of professional misconduct. The Tribunal ordered that if Dr Gayed was registered, it would have cancelled his registration. It also ordered that Dr Gayed be disqualified from being registered for a period of three years from that date and that the National Board record the fact that the Tribunal would have cancelled Dr Gayed’s registration.
On 9 October 2018, the Tribunal published its written decision. All but one of the particulars were found against Dr Gayed. The Tribunal found that Dr Gayed's conduct "involved wide ranging and serious failures of the practitioner in his professional conduct including the areas of clinical examination, diagnosis and assessment of patients, in recognising the need for and making proper surgical and clinical records, in properly recognising and properly considering alternative treatment options, in properly informing patients of treatment options, particularly less invasive and less risky options (including the implications and the risks), and in obtaining informed and valid consent of patients to procedures performed on them."
The full decision is available at NSW Caselaw here.
For further information, contact the Executive Officer of the Health Care Complaints Commission, on 9219 7444 or send an email to email@example.com.
The information in this media release is correct at the time of publication. Orders may change; for example, conditions may no longer apply. For current information regarding the status of a registered health practitioner, including any conditions that currently apply, please check the National Register at www.ahpra.gov.au.