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Speaker 1: My name is Hedley Thomas. Sick to Death is based

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Speaker 1: on my book of the same name, and it's the

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Speaker 1: true story of doctor Jan Patel's lies and manipulation and

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Speaker 1: the herculean effort it took to finally stop him. We've

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Speaker 1: used voice actors throughout this series, and on occasion the

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Speaker 1: real people from the story have read their words for us.

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Speaker 1: It is brought to you by Me and the Australian.

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Speaker 1: Chapter twenty nine, Make or Break, eighteen March two thousand

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Speaker 1: and five. The two lane road from Bunderberg to Seaside

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Speaker 1: Baghara was one Tony Hoffman had traveled often. Its red

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Speaker 1: dirt shoulders give way to waving fields of sugarcane, strawberry plantations,

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Speaker 1: acres of beans, and roadside produced stalls with hand lettered signs.

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Speaker 1: The nurse noticed none of these as she gripped the

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Speaker 1: wheel of her Burgundy red miss and pulsar and sped

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Speaker 1: through a storm and fierce rain to rob Messenger's office.

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Speaker 1: Hoffman was going outside the secretive Queensland health system by

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Speaker 1: approaching a local parliamentarian. She didn't know if he could

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Speaker 1: be trusted. She didn't know if he would believe her.

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Speaker 1: Her anxiety mounted as the familiar scenery flew by. She

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Speaker 1: felt sadness, anger, fear and tension. After Jayan Pttel's boastful

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Speaker 1: announcement that his contract at the hospital had been extended,

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Speaker 1: Hoffman and the nurses who supported her felt helpless. She

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Speaker 1: had made up her mind to ring Messenger to set

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Speaker 1: up an appointment afterwards, reflecting on what she had briefly

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Speaker 1: told him in that first tentative telephone conversation, she feared

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Speaker 1: that Rob Messenger would believe she was unhinged. She confided

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Speaker 1: her plan to Karen Fox, telling.

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Speaker 2: Her, you know, I'm ringing him up and saying patients

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Speaker 2: are dying at the hospital and he's probably thinking this

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Speaker 2: woman's crazy. This can't be happening, but it is happening.

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Speaker 1: Messenger's staff had gone home. By the time Tony Hoffman

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Speaker 1: arrived about five point thirty pm at Chop seven Bagara Plaza.

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Speaker 1: Her makeup was streaked by tears. He sat her down

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Speaker 1: with a mini recorder, his preferred tool when receiving sensitive

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Speaker 1: complaints from constituents or sources. You could never be too

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Speaker 1: careful in the cut and thrust of Queensland politics. You

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Speaker 1: to state your name, please, Messenger started like a copper

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Speaker 1: conducting a record of interview with a criminal, except his

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Speaker 1: delivery was gentle and patient.

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Speaker 3: Tony Hoffman, Tony, do you want to claim whistleblower status?

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Speaker 1: Messenger hoped that the nurse would seek the limited protection

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Speaker 1: afforded to public servants making a serious disclosure to a

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Speaker 1: local politician.

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Speaker 3: Yes, have you come to me because you believe that

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Speaker 3: doctor Patel is incompetent in killing people?

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Speaker 1: Yes?

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Speaker 2: Yes I do.

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Speaker 1: There it was done. She would not turn back now

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Speaker 1: for the next ninety minutes. Hoffman let Messenger know the

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Speaker 1: entire dreadful story. Messenger asked her if she was fearful.

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Speaker 2: She replied, I guess I'm more distressed than scared, because

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Speaker 2: I've watched patients sty I feel that every time I

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Speaker 2: see him walk in the unit, I feel sick because

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Speaker 2: I just think, who's going to kill an?

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Speaker 1: Now?

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Speaker 4: What's it going to do?

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Speaker 1: Now?

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Speaker 2: And we all feel like that. All of the nurses

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Speaker 2: feel like that, they feel physically ill when he walks

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Speaker 2: in because they just know that he's going to try

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Speaker 2: and interfere with something, operate on someone, cause more of

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Speaker 2: a problem and a complication, or stop a transfer which

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Speaker 2: has been arranged. He says he trained in the United States.

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Speaker 2: We did a search on the net because there's a

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Speaker 2: site there that you can look up physicians qualifications, and

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Speaker 2: it says that he trained in India in nineteen seventy

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Speaker 2: three and that he has a general qualification. He continually

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Speaker 2: tells us all sorts of things, like he's been a

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Speaker 2: trauma surgeon for twenty five years and that he's been

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Speaker 2: a cardiothoracic surgeon for about fifteen years. He seems to

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Speaker 2: have a new qualification every time he talks about it,

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Speaker 2: but we've not seen any of that. He also stated

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Speaker 2: he studied medicine who's only fifteen years old. So you know,

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Speaker 2: like we sort of don't believe very much what he

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Speaker 2: says because you know, it's just impossible.

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Speaker 1: Messenger wanted to know about the culture of the hospital.

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Speaker 1: He had his views about how a moribund or incompetent

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Speaker 1: management might be impotent to act against a dangerous doctor.

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Speaker 1: Those views were about to be strongly reinforced.

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Speaker 2: I think of all the places I've worked, Jim, I've

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Speaker 2: never worked in a place like this. There's bullying, intimidation.

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Speaker 2: You can't trust that anybody is going to tell the truth.

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Speaker 2: The nurses hold the hospital together, and there's some great doctors,

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Speaker 2: but these few people hold the hospital together, and the

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Speaker 2: district manager takes the credit for it.

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Speaker 1: Messengers quietly effective interviewing style had been honed as a

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Speaker 1: commentator behind the microphone in the local ABC radio studios.

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Speaker 3: You say, in some of that literature that I've read,

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Speaker 3: doctor Patel insists on keeping patients longer than what the

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Speaker 3: unit is equipped to keep. Can you explain that?

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Speaker 1: Well?

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Speaker 2: As I said, we only keep patients for twenty four

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Speaker 2: to forty eight hours, we do try and keep them

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Speaker 2: for longer, and we often do keep them for longer,

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Speaker 2: and we substitute our staffing with overtime. But Dr Pitateell

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Speaker 2: refused to transfer his patients to Brisbane. He said he

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Speaker 2: wasn't going to practice medicine like that, and he would

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Speaker 2: go up to Doctor Keating and throw a tantrum and

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Speaker 2: say he was leaving or resigning, or just refuse to

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Speaker 2: transfer them out. Sometimes we would have a bed in

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Speaker 2: Brisbane for a patient, especially if they were quite sick,

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Speaker 2: and then Dr Pittell would stop the transfer, and then

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Speaker 2: we would lose the bed because Brisbane would need the bed.

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Speaker 2: For someone else, so he consistently would interfere and stop

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Speaker 2: the patients from being transferred to Brisbane, which caused enormous

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Speaker 2: problems for us as nurses. I mean, we were continually

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Speaker 2: putting people on overtime. It blew out our budget for

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Speaker 2: the first time in four years because we had patients.

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Speaker 2: We kept patients for so long. And the thing is

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Speaker 2: the patients weren't getting the care that they needed anyway,

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Speaker 2: because he's not a good doctor. The complication rate was

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Speaker 2: so high that all these patients all had huge complications

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Speaker 2: that weren't being addressed properly. What we've tried to do

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Speaker 2: through Queensland Health is go through the right channels and

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Speaker 2: address this properly, but it doesn't seem to have worked.

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Speaker 2: I've come to you because I guess as the last resort,

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Speaker 2: because we didn't know what else to do. I mean,

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Speaker 2: I'm here not only as a representative for my own concerns,

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Speaker 2: but I'm here representing the concerns of a lot of

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Speaker 2: people who were too scared to come. We've been told

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Speaker 2: that we're not allowed to come and see you. We

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Speaker 2: literally are at the point where we are just about

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Speaker 2: throwing ourselves over the top of the patients to protect

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Speaker 2: them from this man, you know, and this is just crazy,

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Speaker 2: It's just ridiculous. This is two and this should not

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Speaker 2: be happening.

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Speaker 3: You know.

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Speaker 2: We've got this code of conduct that exists in Queen's

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Speaker 2: on Health and we're supposed to have all these things

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Speaker 2: that protect us and the patients in place, and nothing's working.

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Speaker 2: And that's why I guess I'm here. I'm asking you,

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Speaker 2: who has nothing to do with the hospital whatsoever, to

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Speaker 2: try and do something to save these patients from this man.

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Speaker 2: We don't know what to do or where to go, Like,

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Speaker 2: who else can we tell? You know, we joked about

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Speaker 2: it the other day and said what else can we do?

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Speaker 2: Strip naked and hang from the tree outside the red

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Speaker 2: Rooster and scream out to Bunderberg, this is what's happening

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Speaker 2: at the hospital. So this is what I hope that

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Speaker 2: he gets stood down while there's a proper investigation done.

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Speaker 1: It was dark outside, still pouring with rain. It was

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Speaker 1: almost seven point thirty pm. Messenger had everything he needed.

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Speaker 1: It was sensational, more powerful than any of the information

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Speaker 1: brought to him in the past by people wronged by

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Speaker 1: the hospital where his mother had given birth. To him

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Speaker 1: where his mother died. There was something else, perhaps serendipity. Whatever.

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Speaker 1: It was a year to the day since his maiden

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Speaker 1: speech in State Parliament, when he pledged to campaign on health.

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Speaker 1: He had ended the speech with a comment about evil

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Speaker 1: prospering while good men remained silent. Now he wanted to

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Speaker 1: shout the Betel disaster from the rooftops, he reassured Hoffman.

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Speaker 1: The desperate woman, a lifetime Labor Party loyalist who had

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Speaker 1: not voted for Messenger and had never supported his National Party,

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Speaker 1: looked a wreck from worry and sleeplessness. Okay, we'll leave

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Speaker 1: it there. I know what to do. Hoffman eyed the

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Speaker 1: dark rain streaked windows and sighed as she prepared to

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Speaker 1: go back at into the storm. Chapter thirty Political Football

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Speaker 1: nineteen to twenty two March two thousand and five. In

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Speaker 1: a booming electorate that few expected him to hold after

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Speaker 1: his surprise two thousand and four triumph, Rob Messenger was

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Speaker 1: run off his feet. The needs and expectations of working

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Speaker 1: class families and sea change for tirees were constant. He

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Speaker 1: and his constituents were fortunate. Messenger had great stamina, patience,

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Speaker 1: a methodical personality, and dedicated staff. He had been shaken

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Speaker 1: by the intensity of the secret meeting with Tony Hoffman

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Speaker 1: and her shocking revelations. The documentation she handed to him

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Speaker 1: was extensive and worrying. It corroborated her motive story. He

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Speaker 1: had been told by too many staff and patients that

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Speaker 1: Bunderberg Based Hospital was a house of horrors. He had

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Speaker 1: witnessed his own mother's battle with cancer there. He intuitively

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Speaker 1: knew often was right, but he had to play it safe.

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Speaker 1: A bad call now could stall his political career within

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Speaker 1: his own beleagued National Party. One or two colleagues envied

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Speaker 1: his increasing popularity. They would not mind seeing him trip up.

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Speaker 1: His speeches and press releases highlighting the problems at the

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Speaker 1: hospital were routinely used against him by the Labour Party's

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Speaker 1: Nisa Cunningham, the elected representative for the adjoining seat, for

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Speaker 1: hammering the local hospital and revealing its ills. He was

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Speaker 1: regularly accused of demoralizing the staff and worsening the problems.

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Speaker 1: If he publicly took on the director of surgery would

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Speaker 1: be picking his biggest fight. Yet it was conceivable that

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Speaker 1: the man would resign. A messenger knew this, who would

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Speaker 1: be around to repair the worn out knees perform the

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Speaker 1: colonoscopies cut away the cancer, and if Patel were not

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Speaker 1: as bad as Hoffman claimed, the community would be up

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Speaker 1: in arms. If Messenger forced an innocent surgeon out of

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Speaker 1: the hospital, the politician's head would be on the chopping

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Speaker 1: block and the voters would lop it off pronto. After

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Speaker 1: asking his staff to transcribe the record of his interview

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Speaker 1: with Tony Hoffman, he went to the country town of

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Speaker 1: Calliope and then to Gladstone on the coast for National

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Speaker 1: Party business. By Sunday evening, when he checked for email,

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Speaker 1: every word of his conversation with Hoffman two days prior

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Speaker 1: was at his fingertips. He read it again on his

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Speaker 1: computer screen, shaking his head at the seriousness of it all.

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Speaker 1: As he rolled the text, he spoke to Mike Koran,

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Speaker 1: the reliable parliamentarian from too Womba, west of Brisbane. Hawan

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Speaker 1: had been a health minister in a former coalition government.

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Speaker 1: He listened intently to Rob Messenger's version of the meeting

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Speaker 1: with Hoffman. Mike Koran gravely told the young understudy he

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Speaker 1: had a duty to act with urgency before meeting his

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Speaker 1: political colleagues to explain the bombshell and work out a

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Speaker 1: strategy on how best to drop it. Messenger called doctor

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Speaker 1: Martin Strawn, a highly qualified physician in Bunderberg. Strawn was

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Speaker 1: known to Messenger. In the confidential October two thousand and

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Speaker 1: four memo which Tony Hoffman had written to Peter let

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Speaker 1: setting out the concerns over Patel. She specifically related one

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Speaker 1: of her conversations with Strawn. It followed the death of

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Speaker 1: des Bramich rob Messenger read the passage in the memo again.

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Speaker 2: After the patient's death. When I thought he had safely

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Speaker 2: been transferred to Brisbane, doctor Strawn came to talk to

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Speaker 2: me in the office and found me very distressed. He

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Speaker 2: offered to talk to some of the other doctors and

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Speaker 2: get back to me as a representative of the AMA

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Speaker 2: in Bunderberg. He did this. He stated, there is widespread concern,

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Speaker 2: but at the moment no one is willing to stick

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Speaker 2: their neck out. He urged me to keep stats on

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Speaker 2: my concerns.

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Speaker 1: Messenger dialed Strawn's number. It was a confidential query, Messenger

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Speaker 1: explained to the doctor, before candidly revealing how he had

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Speaker 1: received statements and information about Patel and the serious concerns

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Speaker 1: over his competence. He asked Strawn, a dry humored Seventh

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Speaker 1: Day Adventist who disliked unhealthy habits like smoking and drinking,

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Speaker 1: about the chain smoking wine loving incompetent surgeon. Did other

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Speaker 1: doctors at the hospital, all the visiting medical officers who

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Speaker 1: had contact with Patel and his patients share the concerns

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Speaker 1: about the director of surgery. Rob Messenger wanted to know.

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Speaker 1: Martin Strawn replied, yes, I know about doctor Patel. We

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Speaker 1: think he's going to resign in June, and we'd like

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Speaker 1: this matter to go away quietly. However, if this man

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Speaker 1: was to stay on for another twelve months, we'd have

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Speaker 1: serious concerns. The response flawed. Rob Messenger, knowing that the

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Speaker 1: matters were under review by Queensland Health Doctor Martin Strawn,

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Speaker 1: a former secretary and president of the Bunderberg and District

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Speaker 1: Local Medical Association, urged the politician not to go public

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Speaker 1: with the issue. If Messenger outed Patel, Strawn added, every

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Speaker 1: patient who had been operated on by the director of

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Speaker 1: surgery would be anxious. Messenger found this attitude hard to comprehend,

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Speaker 1: and later he would be furious. Martin Strawn was effectively

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Speaker 1: corroborating the story about Patel being dangerous. Messenger did not

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Speaker 1: know what was worse, the confirmation or the reluctance of

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Speaker 1: the doctors to act. He decided to smash their protective nexus.

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Speaker 1: If nobody said anything and Patell left quietly, he would

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Speaker 1: wreak more damage at the next hospital he went to.

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Speaker 1: Rob Messenger became excited and a little apprehensive as his

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Speaker 1: opportunity to go public with the scandal learned. He planned

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Speaker 1: to rely on parliamentary privilege, the protection afforded elected politicians.

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Speaker 1: It permitted him to speak without fear of legal retribution.

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Speaker 1: It was a permanent immunity. He would get his chance soon.

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Speaker 1: On twenty two March, State Parliament would convene for then

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Speaker 1: even sitting day of two thousand and five. Messenger began

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Speaker 1: rehearsing his questions. The plan he had developed in the

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Speaker 1: political party room would be a double act to reinforce

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Speaker 1: the seriousness of the issue and lend support. The party's

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Speaker 1: shadow Health Minister, Stuart Copeland would join in. In that way,

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Speaker 1: it would be harder for the media or the minister

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Speaker 1: to write it off as the baseless outpourings of an

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Speaker 1: inexperienced politician suffering relevance deprivation syndrome. The day began unpromisingly

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Speaker 1: for Messenger. As he took his seat on the opposition benches,

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Speaker 1: waited for the moment of truth, and mentally reworked his speech.

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Speaker 1: He was jolted to attention. At nine thirty a m.

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Speaker 1: The Speaker of Parliament, Ray Hollis, went to his grand chair.

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Speaker 1: The journalists in the gallery above milled around with notepads

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Speaker 1: as media officers handed out press releases and briefing notes.

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Speaker 1: But already one of the Beatty government's more experienced headkickers

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Speaker 1: was on his feet, accusing Rob Messenger of line. Robert Schwarten,

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Speaker 1: the Minister for Public Works, Housing and Racing, put the

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Speaker 1: boot in. The issue turned on claims of bungling over

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Speaker 1: the installation of air conditioners in a Bunderberg public school.

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Speaker 1: Messenger had raised it in Parliament a fortnight earlier, and

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Speaker 1: now Rob Schwarten was questioning his honesty.

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Speaker 5: Schwarten funded, it is important that honorable members in this

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Speaker 5: Parliament reflect accurately the facts and not mislead the house.

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Speaker 1: If it was a preemptive attack with the specific aim

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Speaker 1: of undermining Messenger's credibility, before he went public with Patel.

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Speaker 1: It meant something had leaked. It would indicate a plot

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Speaker 1: or a setup. The parliamentary session that morning featured the

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Speaker 1: usual verbal fisticuffs between members of the opposition and those

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Speaker 1: of the Betty government. Emergency Services Minister Chris Cummins was wounded. Cummins,

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Speaker 1: one of the lightweights in cabinet, was exposed by National

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Speaker 1: Party leader Lawrence Springborg for trying to dodge payment of

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Speaker 1: parking fines. Liddy Clark, the former ABC Play School presenter

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Speaker 1: who had been sacked after a brief stint as Indigenous

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Speaker 1: Affairs Minister, resented Springborg for describing her as less than truthful.

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Speaker 1: She called him an absolute grub. Beattie sang the praises

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Speaker 1: of the smart state of Queensland, and he trumpeted that

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Speaker 1: Queensland's public hospital waiting times for elective surgery were the

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Speaker 1: best in Australia. Health Minister Gordon Nuttle pledged improvements at

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Speaker 1: the crisis torn John Tong Center, where thousands of forensic

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Speaker 1: samples needed urgently by police and the courts were awaiting

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Speaker 1: scrutiny by too few overwork signed. It was a story

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Speaker 1: I had been writing after a helpful leak from the

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Speaker 1: embattled staff. There, Rob Messenger tents as Stuart Copeland stood

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Speaker 1: and spoke.

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Speaker 6: My question is to the Minister for Health. I refer

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Speaker 6: to the fact finding process conducted by doctor Fitzgerald, the

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Speaker 6: Chief Health Officer, into serious allegations made about the clinical

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Speaker 6: and surgical competence of doctor Patel, a surgeon operating at

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Speaker 6: Bunderberg based Hospital. The allegations involve approximately fourteen patients who

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Speaker 6: have suffered serious post operative complications, including death, following surgery

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Speaker 6: performed by doctor Patel. As the findings of the process

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Speaker 6: have not been released publicly to date, and to ensure

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Speaker 6: that first class patient care is provided at Bunderberg Based Hospital,

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Speaker 6: will the Minister now release these findings. Will the Minister

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Speaker 6: have the allegation independently investigated. Will doctor Patel be stood

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Speaker 6: aside while he is under investigation?

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Speaker 1: Health Minister Nuttle, who had no idea what Stewart Copeland

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Speaker 1: was talking about, try it a stalling tactic.

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Speaker 4: In relation to the issues raised by the honorable member,

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Speaker 4: they are matters for the Medical Board. I'm not aware

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Speaker 4: of the issues raised by the honorable Member. I am

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Speaker 4: more than happy as the Minister responsible to investigate those matters.

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Speaker 4: I will meet with the CEO of the Medical Board

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Speaker 4: today and speak with him about those issues. I'm more

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Speaker 4: than happy to give the member the details of what

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Speaker 4: I find out from the CEO of the Medical Board.

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Speaker 1: Mike Horan, a parliamentary ally to Messenger, exploded, you should

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Speaker 1: have known about this. There were deaths a one hundred

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Speaker 1: percent strike rate. By noon, Rob Messenger was ready for

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Speaker 1: his speaking part on Patel. He wanted to make sure

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Speaker 1: no misunderstood the significance for.

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Speaker 7: The protection of patients at the Bunderberg Base Hospital Intensive

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Speaker 7: Care Unit and the well being of the medical staff.

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Speaker 7: I make public and table a letter from the Nurse

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Speaker 7: Unit manager of the Bunderberg Base Hospital ICU. This letter

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Speaker 7: alleges serious concerns relating to the behavior and the clinical

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Speaker 7: competence of doctor Patel, an overseas trained surgeon working at

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Speaker 7: the Bunderberg Base Hospital ICU. The letter, submitted to the

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Speaker 7: management of the Bunderberg Base Hospital on or around the

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Speaker 7: twenty second of October two thousand and four, lists the

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Speaker 7: cases of approximately fourteen former patients of the Bunderberg Base

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Speaker 7: Hospital ICU, who the writer believed required formal investigations. I

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Speaker 7: am astounded that the Minister for Health, as witnessed by

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Speaker 7: his reply this morning to a question without notice from

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Speaker 7: the Shadow Health Minister, was ignorant of the investigation.

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Speaker 1: Again, reading aloud paragraphs of Hoffman's October two thousand and

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Speaker 1: four letter to Peter Leck, he emphasized how doctor Petel

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Speaker 1: was feared by nursing and medical staff as very powerful,

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Speaker 1: and that anyone who tried to alert the authorities about

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Speaker 1: their concerns would lose their jobs. Messenger issued a plea

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Speaker 1: to Gordon Nuttle to release the findings of Chief Health

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Speaker 1: Officer Jerry Fitzgerald's clinical audit report and start a thorough

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Speaker 1: review of the entire hospital and its administration.

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Speaker 7: I challenged the Minister to guarantee that all staff members

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Speaker 7: who choose to give evidence be afforded full whistleblower status

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Speaker 7: and that they be protected from any vindictive administrative action

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Speaker 7: pending the results of this investigation. The Minister must immediately

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Speaker 7: stand aside and suspend from work surgeon doctor Patel and

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Speaker 7: senior administrative staff Peter Leck and doctor Darren Keating the

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Speaker 7: staff of the Bunderberg Base Hospital ICU are desperate.

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Speaker 1: After Rob Messenger sat down the Liberal leader Bob Quinn

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Speaker 1: lamented a government that does nothing to address emerging problems

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Speaker 1: until those problems become full blown crises. Health, according to

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Speaker 1: Bob Quinn, was one of those crises. Malcolm Cole, the

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Speaker 1: Courier Mal's political correspondent, was on the telephone and the

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Speaker 1: Parliamentary Press gallery. He half heard the attack launched by

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Speaker 1: Rob Messenger, whose credibility was yet to be proved to

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Speaker 1: some of the journalists covering politics. We'll need to file

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Speaker 1: on this, Malcolm said to his colleague Grocemary Odgers. She

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Speaker 1: too had heard the attack. Odg just doubted the veracity

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Speaker 1: of the story. Still, the Courier Mail was the paper

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Speaker 1: of record, she decided to write a few paragraphs. Behind

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Speaker 1: the scenes, the political machinery began to move. By the

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Speaker 1: time Rob Messenger had finished his parliamentary sprat, Gordon Nuttle

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Speaker 1: was close to having a ministerial meltdown for being left

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Speaker 1: out of the loop by his top departmental staff. He

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Speaker 1: furiously ordered his staff to find the Chief Health Officer

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Speaker 1: and demand answers fast. So much for the policy of

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Speaker 1: no surprises. Gordon Nuttle seed as he relived the embarrassment

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Speaker 1: of being ambushed by Stuart Copeland and Rob Messenger.

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Speaker 4: He demanded what is going on at Bunderberg Hospital.

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Speaker 1: Paul dal Alba, the senior Departmental liaison officer, telephoned Jerry

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Speaker 1: Fitzgerald and explain the questions that had been asked in Parliament.

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Speaker 1: At ten fifty three am, dal Alba emailed the Chief

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Speaker 1: Health Officer.

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Speaker 8: Mister Copeland stated that you were investigating post operative complications

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00:25:51,200 --> 00:25:53,399
Speaker 8: and asked if the Minister would release the report and

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Speaker 8: suspend doctor Patel. Can you please provide some dot points

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00:25:56,760 --> 00:25:59,479
Speaker 8: by return email to allow the Director General to verbally

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Speaker 8: brief them Minister this afternoon. We may then need to

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Speaker 8: organize a parliamentary question time brief for tomorrow so the

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Speaker 8: Minister can respond to the question in parliament.

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Speaker 1: Dal Alba was ordered to summon Fitzgerald to a six

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Speaker 1: pm meeting with Gordon Nuttle at Room A three to

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Speaker 1: seven in Parliament House.

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Speaker 8: Glenna Viner will meet you at the main entrance to

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Speaker 8: Parliament House.

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00:26:22,680 --> 00:26:26,840
Speaker 1: Dalle Alba asked David Potter, the media manager for Gordon Nuttle,

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Speaker 1: to transmit the Parliamentary Hansard transcript and the statements tabled

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Speaker 1: by Messenger to Queensland Helps two media managers Lisa Schildtz

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Speaker 1: and Phil Nickerson. Peter Leck was also to receive the material.

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00:26:42,440 --> 00:26:47,680
Speaker 1: Paranoid about the probable media interest, dal Alba then briefed Schiltz,

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Speaker 1: Nickerson and another public relations flack, Paul Michaels.

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Speaker 8: Due to the nature of the statements made, it is

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Speaker 8: likely that media attention will result. The Director General has

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Speaker 8: advised that Queensland Health response should be along the following lines.

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Speaker 8: District Manager has sought assistance in evaluating the appropriateness of

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Speaker 8: surgical services at Bunderberg. This review is underway and Queensland

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00:27:11,119 --> 00:27:13,560
Speaker 8: Health will consider recommendations when complete.

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00:27:14,560 --> 00:27:18,920
Speaker 1: In his naturally disarming manner, Chief Health Officer Jerry Fitzgerald

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00:27:18,920 --> 00:27:23,119
Speaker 1: explained to Steve Buckland, the Director General of Queensland Health,

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00:27:23,400 --> 00:27:27,600
Speaker 1: the background to the Bunderberg udit and its preliminary indications

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Speaker 1: of Patel's competence. The Chief Health Officer told Buckland.

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00:27:32,800 --> 00:27:35,200
Speaker 5: He's not as good as some, but he's not as

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Speaker 5: bad as others.

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00:27:37,160 --> 00:27:41,440
Speaker 1: Fitzgerald, who was waiting on comparative figures for wound breakdowns,

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00:27:41,560 --> 00:27:46,119
Speaker 1: complications and organ injuries, confirmed that Jayon Pateel had a

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00:27:46,200 --> 00:27:51,159
Speaker 1: high infection rate and attempted too many complex procedures. He

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00:27:51,240 --> 00:27:56,960
Speaker 1: hoped to finalize his report in the next forty eight hours. Already, however,

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00:27:57,200 --> 00:28:00,600
Speaker 1: Jerry Fitzgerald should have been alarmed by some of the findings.

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Speaker 1: One stood out. Too many patients had suffered bile duct

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00:28:07,320 --> 00:28:13,200
Speaker 1: injuries after routine surgery by Patel. The procedure laparoscopic colos

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00:28:13,200 --> 00:28:17,400
Speaker 1: systectomy involves the removal of the gall bladder via tubes

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00:28:17,480 --> 00:28:22,280
Speaker 1: inserted through small incisions in the abdominal war. It is

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00:28:22,320 --> 00:28:27,440
Speaker 1: a common and uncomplicated operation for people in pain from gallstones.

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00:28:28,520 --> 00:28:31,920
Speaker 1: Before Patel arrived at the hospital, the rate of bile

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00:28:32,040 --> 00:28:37,840
Speaker 1: duct injury was zero. Over the ensuing eighteen months, Patel's

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00:28:37,920 --> 00:28:41,440
Speaker 1: patients appeared to have suffered bile duct injuries at an

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00:28:41,480 --> 00:28:47,200
Speaker 1: alarming rate twenty eight times the national average for someone

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Speaker 1: supposedly as experienced and senior as the director of surgery.

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Speaker 1: It was horrendous. At his desk, Jerry Fitzgerald produced a

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Speaker 1: document for the Minister, Gordon Nuttle, to rely on if

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00:29:00,360 --> 00:29:04,680
Speaker 1: he were asked more questions by Rob Messenger. The first

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00:29:04,720 --> 00:29:08,200
Speaker 1: part of the document was confidential and not for public release.

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00:29:09,160 --> 00:29:13,880
Speaker 5: It told Nuttle procedures have been performed at Bunderberg, which

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00:29:13,880 --> 00:29:17,720
Speaker 5: are beyond the capacity and facilities of the Bunderberg Hospital.

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00:29:18,640 --> 00:29:23,040
Speaker 5: The significant issue regarding the competency of doctor Patel appears

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00:29:23,080 --> 00:29:26,040
Speaker 5: to relate to his preparedness to take on cases which

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00:29:26,080 --> 00:29:30,120
Speaker 5: are beyond the capacity of the Bunderberg Hospital and possibly

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00:29:30,200 --> 00:29:33,800
Speaker 5: beyond his personal capacity. There is no evidence that his

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00:29:34,000 --> 00:29:37,640
Speaker 5: general surgical skills are inappropriate or incompetent.

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Speaker 1: The Chief Health Officer prepared the second part of the

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00:29:42,080 --> 00:29:48,160
Speaker 1: document for public release under the heading suggested response. He

434
00:29:48,160 --> 00:29:51,960
Speaker 1: hopefully provided a page of points setting them out so

435
00:29:52,040 --> 00:29:55,480
Speaker 1: they would sound like Nuttle's handiwork should he read the

436
00:29:55,520 --> 00:29:59,960
Speaker 1: page in parliament. To fend off Messenger, it stated.

437
00:30:00,720 --> 00:30:03,840
Speaker 4: I have now been informed of concerns raised by staff

438
00:30:03,840 --> 00:30:07,520
Speaker 4: at the Bunderberg Hospital in regard to some general surgical

439
00:30:07,560 --> 00:30:12,400
Speaker 4: services provided at the hospital. The Chief Health Officer, Doctor

440
00:30:12,440 --> 00:30:16,560
Speaker 4: Jerry Fitzgerald, has undertaken a review of clinical outcomes at

441
00:30:16,560 --> 00:30:21,320
Speaker 4: the hospital and is currently finalizing his report. Doctor Fitzgerald

442
00:30:21,360 --> 00:30:24,000
Speaker 4: has identified a number of issues of concern at the

443
00:30:24,000 --> 00:30:28,120
Speaker 4: hospital and will be making recommendations in regard to those concerns.

444
00:30:28,560 --> 00:30:31,320
Speaker 4: There is insufficient evidence at this time to take any

445
00:30:31,360 --> 00:30:35,480
Speaker 4: particular action against any individual and to suspend anyone would

446
00:30:35,480 --> 00:30:39,960
Speaker 4: be unjust and inappropriate. The Lunderberg Hospital has taken certain

447
00:30:40,000 --> 00:30:43,240
Speaker 4: action to limit the scope of some general surgery performed

448
00:30:43,280 --> 00:30:46,320
Speaker 4: at the hospital, which should address the majority of issues

449
00:30:46,400 --> 00:30:50,720
Speaker 4: raised by staff. The report will also make recommendations regarding

450
00:30:50,760 --> 00:30:54,920
Speaker 4: the management of staff conflict at the hospital. However, the

451
00:30:55,000 --> 00:30:57,960
Speaker 4: report has also identified that there is a relatively high

452
00:30:58,040 --> 00:31:02,360
Speaker 4: satisfaction amongst patients and at waiting times for elective surgery

453
00:31:02,600 --> 00:31:06,800
Speaker 4: have been reduced considerably in recent times. Junior staff have

454
00:31:06,880 --> 00:31:10,040
Speaker 4: been very complimentary in regard to the teaching and guidance

455
00:31:10,120 --> 00:31:14,840
Speaker 4: provided to them. However, doctor Fitzgerald has raised concerns about

456
00:31:14,840 --> 00:31:18,560
Speaker 4: the clinical judgment exercised by one member of staff and

457
00:31:18,600 --> 00:31:22,440
Speaker 4: will be referring these concerns to the medical Board for consideration.

458
00:31:26,160 --> 00:31:29,840
Speaker 1: Later in the day, after his documents had been emailed

459
00:31:29,880 --> 00:31:34,120
Speaker 1: to dal Alba, the Chief Health Officer briefed Gordon Nuttle personally.

460
00:31:35,160 --> 00:31:38,280
Speaker 1: Back in the office, I watched the six pm TV

461
00:31:38,440 --> 00:31:41,760
Speaker 1: News which featured the silliness of Chris Cummins in his

462
00:31:41,880 --> 00:31:46,760
Speaker 1: efforts to evade parking fines. My colleagues Des Howden and

463
00:31:46,880 --> 00:31:50,479
Speaker 1: Jamie Walker, watching with me in the office, made jokes

464
00:31:50,520 --> 00:31:57,240
Speaker 1: at Cummins's expense. Rob Messenger's revelations went unnoticed. Paul dal

465
00:31:57,360 --> 00:32:01,080
Speaker 1: Alba knew the Bunderberg News Mail would run the Patel story.

466
00:32:01,800 --> 00:32:05,120
Speaker 1: Peter Leck told him the Newsmail's reporter had a copy

467
00:32:05,160 --> 00:32:08,600
Speaker 1: of the document Hoffman had compiled in October two thousand

468
00:32:08,640 --> 00:32:12,240
Speaker 1: and four when she detailed the Patel concerns and the

469
00:32:12,320 --> 00:32:27,480
Speaker 1: bad outcomes for patients, Chapter thirty one, Natural Justice. Twenty

470
00:32:27,520 --> 00:32:33,120
Speaker 1: three March two thousand and five, Bunderberg's Newsmail had a

471
00:32:33,160 --> 00:32:38,719
Speaker 1: splash headline on its front page, Truck off Bridge. The

472
00:32:38,760 --> 00:32:42,120
Speaker 1: news report described how a fifty six year old man

473
00:32:42,200 --> 00:32:45,440
Speaker 1: who survived a five meter fall in his truck and

474
00:32:45,520 --> 00:32:49,520
Speaker 1: then two hours trapped in the cabin was very, very lucky.

475
00:32:50,920 --> 00:32:55,160
Speaker 1: Rob Messenger had tipped off the Newsmail's Dan Nancarrow about

476
00:32:55,200 --> 00:33:00,400
Speaker 1: the Jayant Patel allegations. The young reporter's two articles were

477
00:33:00,440 --> 00:33:04,400
Speaker 1: relegated to page five under the heading taking an in

478
00:33:04,480 --> 00:33:07,800
Speaker 1: depth look at issues of interest to people in our area.

479
00:33:08,880 --> 00:33:11,160
Speaker 1: Peter Leck had told Nan Caro.

480
00:33:12,040 --> 00:33:14,760
Speaker 9: It is important doctor Batel receives natural justice and he's

481
00:33:14,760 --> 00:33:17,400
Speaker 9: given the opportunity to respond to any allegations that have

482
00:33:17,440 --> 00:33:18,040
Speaker 9: been made.

483
00:33:19,640 --> 00:33:23,240
Speaker 1: In the Courier Mail. The story barely rated mension, just

484
00:33:23,320 --> 00:33:27,640
Speaker 1: a brief summary under the heading fast news. Blink and

485
00:33:27,800 --> 00:33:31,120
Speaker 1: you would have missed it. I saw the item while

486
00:33:31,240 --> 00:33:34,560
Speaker 1: scanning the newspaper at home. When I went to work

487
00:33:34,560 --> 00:33:39,080
Speaker 1: and logged onto the parliamentary website, I felt distinctly uneasy.

488
00:33:39,920 --> 00:33:43,040
Speaker 1: I pointed the item out to the Courier Mail's news editor,

489
00:33:43,280 --> 00:33:46,960
Speaker 1: Graham Lloyd. I told him that I believed we had

490
00:33:47,080 --> 00:33:51,560
Speaker 1: seriously underplayed the story. I said, look at the allegations

491
00:33:51,840 --> 00:33:56,240
Speaker 1: an incompetent surgeon whose patients are dying. It all came

492
00:33:56,280 --> 00:34:01,200
Speaker 1: out in Parliament. I told Graham Lloyd of my earlier

493
00:34:01,280 --> 00:34:05,120
Speaker 1: contact with a concerned nurse. I explained how I had

494
00:34:05,160 --> 00:34:08,400
Speaker 1: wanted to launch a proper investigation when a yellow A

495
00:34:08,600 --> 00:34:12,600
Speaker 1: four envelope containing several statements arrived a few weeks earlier,

496
00:34:13,520 --> 00:34:16,320
Speaker 1: but I had been unable to see my way clear

497
00:34:16,440 --> 00:34:20,760
Speaker 1: of other stories. Lloyd knew what to do. He said

498
00:34:20,800 --> 00:34:24,960
Speaker 1: he would ask Ryan Heffernan, a tenacious newsroom colleague, to

499
00:34:25,040 --> 00:34:29,960
Speaker 1: follow the story. In the meantime, when Gordon Nuttle spoke

500
00:34:30,000 --> 00:34:33,200
Speaker 1: in State Parliament at ten twenty am, he went on

501
00:34:33,239 --> 00:34:38,319
Speaker 1: the front foot describing Rob Messinger as totally irresponsible for

502
00:34:38,400 --> 00:34:44,360
Speaker 1: airing the Betel matters while Jerry Fitzgerald's clinical audit was incomplete.

503
00:34:44,840 --> 00:34:50,160
Speaker 1: Rob Messenger, according to Health Minister Nuttle, had circumvented all

504
00:34:50,280 --> 00:34:53,920
Speaker 1: natural justice processes to vilify a health professional.

505
00:34:55,480 --> 00:34:58,000
Speaker 4: I can tell the House that some of the allegations

506
00:34:58,239 --> 00:35:01,480
Speaker 4: made by the Member for Burnett not only inaccurate, but

507
00:35:01,520 --> 00:35:05,719
Speaker 4: could also be considered deliberately misleading. Should any issues be

508
00:35:05,840 --> 00:35:09,920
Speaker 4: raised regarding the professional performance of an individual clinician as

509
00:35:09,920 --> 00:35:14,120
Speaker 4: a result of the clinical audit into surgical Services, these

510
00:35:14,200 --> 00:35:17,000
Speaker 4: will be referred to the Medical Board to be investigated.

511
00:35:17,800 --> 00:35:20,480
Speaker 4: I am advised that at the conclusion of the audit

512
00:35:20,520 --> 00:35:24,960
Speaker 4: of Surgical Services, the Director General will refer any outstanding

513
00:35:25,000 --> 00:35:28,160
Speaker 4: issues which are appropriate to the powers and function of

514
00:35:28,200 --> 00:35:30,160
Speaker 4: the Medical Board to that board.

515
00:35:32,200 --> 00:35:37,239
Speaker 1: The incomplete response from Nuttle omitted Fitzgerald's own advice that

516
00:35:37,280 --> 00:35:43,000
Speaker 1: he had formed concerns over Patel's clinical judgment, despite everything

517
00:35:43,080 --> 00:35:47,240
Speaker 1: the nurses had told Jerry Fitzgerald, despite the figures showing

518
00:35:47,320 --> 00:35:51,560
Speaker 1: the remarkable complication rates, despite the failure of the Bunderberg

519
00:35:51,640 --> 00:35:56,200
Speaker 1: Hospital administration to ensure that Patel had been credentialed. The

520
00:35:56,320 --> 00:36:00,239
Speaker 1: Director of surgery was still safe. He was still operating,

521
00:36:00,719 --> 00:36:04,600
Speaker 1: still being given the benefit of the doubt. When Tony

522
00:36:04,640 --> 00:36:08,520
Speaker 1: Hoffman saw doctor Martin Strawn in the intensive care unit,

523
00:36:08,640 --> 00:36:11,439
Speaker 1: he told her, you'll be lucky to keep your job

524
00:36:11,480 --> 00:36:17,000
Speaker 1: after this. As the hospital seethed with rumors, Martin Strawn

525
00:36:17,280 --> 00:36:21,600
Speaker 1: also visited Peter Leck, divulging the telephone call he had

526
00:36:21,640 --> 00:36:26,080
Speaker 1: received from Rob Messenger. Strawn told Leck that no doctor

527
00:36:26,120 --> 00:36:29,799
Speaker 1: would have stooped so low in leaking details about a

528
00:36:29,880 --> 00:36:35,360
Speaker 1: fellow medical practitioner to a parliamentarian. The clear implication was

529
00:36:35,400 --> 00:36:40,440
Speaker 1: that the culprit must be a nurse. Strawn, who already

530
00:36:40,520 --> 00:36:45,000
Speaker 1: suspected Hoffman, also tipped off Lek about something Rob Messenger

531
00:36:45,280 --> 00:36:49,239
Speaker 1: had indicated that the information was leaked to him by

532
00:36:49,280 --> 00:36:53,600
Speaker 1: a nurse. Doctor Patel, who had been briefed by Lek

533
00:36:53,719 --> 00:36:57,640
Speaker 1: about the outcry in Distant Brisbane, past Hoffman in the

534
00:36:57,719 --> 00:37:02,239
Speaker 1: corridor and stared straight ahead. He was full of swagger

535
00:37:02,440 --> 00:37:05,600
Speaker 1: and confidence as he walked to the operating theater to

536
00:37:05,680 --> 00:37:09,839
Speaker 1: wield the scalpel again. One of his patients that day

537
00:37:09,920 --> 00:37:16,440
Speaker 1: would suffer an avoidable complication. Gail Almer considered Patel's rhinoceros

538
00:37:16,600 --> 00:37:20,680
Speaker 1: thick hide she would have had a grudging respect for

539
00:37:20,719 --> 00:37:24,279
Speaker 1: the man so stoic in the face of adversity, had

540
00:37:24,280 --> 00:37:29,560
Speaker 1: she not already decided he was a psychopathic narcissist. With

541
00:37:29,800 --> 00:37:33,720
Speaker 1: Lynda Mulligan away on holidays, the acting director of nursing,

542
00:37:34,239 --> 00:37:38,120
Speaker 1: Diane Walls, was in the hot seat. She called a

543
00:37:38,160 --> 00:37:42,120
Speaker 1: meeting of the staff of the intensive care unit. Tony

544
00:37:42,160 --> 00:37:46,040
Speaker 1: Hoffman had devoured the brief reports in the newsmail and

545
00:37:46,160 --> 00:37:49,160
Speaker 1: fretted over the lack of attention by the courier mail.

546
00:37:50,080 --> 00:37:53,239
Speaker 1: When she heard of the upcoming meeting, she felt her

547
00:37:53,320 --> 00:37:57,960
Speaker 1: worries and fears easing. Hoffman had a message for the

548
00:37:58,000 --> 00:37:58,720
Speaker 1: other nurses.

549
00:37:59,520 --> 00:38:02,880
Speaker 2: We're going to be supported now. Everything will be fine.

550
00:38:04,360 --> 00:38:07,399
Speaker 1: She called in those nurses who were on days off.

551
00:38:08,120 --> 00:38:11,920
Speaker 1: Hoffman wanted all who had joined her in raising concerns

552
00:38:11,960 --> 00:38:16,240
Speaker 1: to come in to receive the support from management. After

553
00:38:16,320 --> 00:38:20,879
Speaker 1: Hoffman and nurses Karen Jenner, Jan Marks, Karen Fox, and

554
00:38:21,040 --> 00:38:25,640
Speaker 1: Vivian Tapiolas went to the tea room in ICU, Diane

555
00:38:25,760 --> 00:38:30,680
Speaker 1: Walls arrived with Peter Leck. The district manager, was visibly

556
00:38:30,719 --> 00:38:34,239
Speaker 1: furious as he waived around documentation and spoke of the

557
00:38:34,320 --> 00:38:39,960
Speaker 1: severe consequences of leaks the nurses believed that the papers

558
00:38:40,000 --> 00:38:43,239
Speaker 1: he held were sections of the Health Services Act and

559
00:38:43,280 --> 00:38:46,640
Speaker 1: the Code of Conduct, setting out the penalty of two

560
00:38:46,800 --> 00:38:52,880
Speaker 1: years imprisonment for staff who leaked information. The official jargon states.

561
00:38:53,360 --> 00:38:56,359
Speaker 10: In the course of their work, health service staff come

562
00:38:56,440 --> 00:39:00,840
Speaker 10: in contact with information that must be kept confidential at

563
00:39:00,880 --> 00:39:06,560
Speaker 10: all times. All employees are reminded that irresponsible discussion of

564
00:39:06,640 --> 00:39:12,160
Speaker 10: any matters regarding the health services facilities, staff, and most importantly,

565
00:39:12,600 --> 00:39:15,880
Speaker 10: the patience, is regarded as an offense.

566
00:39:18,160 --> 00:39:18,880
Speaker 9: I'm appalled.

567
00:39:20,520 --> 00:39:24,800
Speaker 1: Leck repeatedly condemned the handover of statements to Rob Messenger,

568
00:39:25,280 --> 00:39:29,280
Speaker 1: saying very high sources had confirmed that it came from

569
00:39:29,400 --> 00:39:31,000
Speaker 1: an ICU staffer.

570
00:39:31,840 --> 00:39:34,279
Speaker 9: I have good information as to who this person is.

571
00:39:35,120 --> 00:39:38,319
Speaker 1: Peter Leck added that the leaker had brought shame to

572
00:39:38,400 --> 00:39:43,280
Speaker 1: the hospital. Tony Hoffman was paralyzed with shock and fear.

573
00:39:44,120 --> 00:39:47,880
Speaker 1: She had only told one person, Karen Fox, about her

574
00:39:47,960 --> 00:39:52,560
Speaker 1: meeting with Rob Messenger. Lex's claim to know the source

575
00:39:52,760 --> 00:39:56,080
Speaker 1: was almost as worrying as his failure to address the

576
00:39:56,160 --> 00:40:02,520
Speaker 1: issues of patients dying unnecessarily. Did politicians operate? Hoffman wondered

577
00:40:03,160 --> 00:40:06,040
Speaker 1: was it all a big game? Did they just rat

578
00:40:06,080 --> 00:40:10,080
Speaker 1: on their sources when Lek claimed that the airing of

579
00:40:10,120 --> 00:40:13,720
Speaker 1: the Betel issues had caused a rift between the medical

580
00:40:13,800 --> 00:40:18,560
Speaker 1: and nursing staff. Karen Jenner was astonished. In her two

581
00:40:18,680 --> 00:40:21,200
Speaker 1: years as a nurse at the hospital, she had not

582
00:40:21,400 --> 00:40:25,360
Speaker 1: met Lek until now. She could not recall him visiting

583
00:40:25,400 --> 00:40:30,040
Speaker 1: the ICU. Shortly before the one thirty pm meeting, she

584
00:40:30,120 --> 00:40:33,400
Speaker 1: had been told by Jan Marx that the Patel story

585
00:40:33,600 --> 00:40:38,759
Speaker 1: was on the radio. Hoffman had worn several nurses that

586
00:40:38,840 --> 00:40:42,920
Speaker 1: the media might try to contact those nurses whose names

587
00:40:42,960 --> 00:40:47,680
Speaker 1: were on the document tabled in parliament. Karen Jenner, who

588
00:40:47,840 --> 00:40:51,480
Speaker 1: hurriedly read the newsmail before going to the tea room,

589
00:40:51,600 --> 00:40:54,560
Speaker 1: figured that Lek had come to give advice on dealing

590
00:40:54,600 --> 00:40:59,440
Speaker 1: with any journalists who might call for comment. She expected

591
00:40:59,480 --> 00:41:04,200
Speaker 1: his back, not a barrage of vitriol. There was no

592
00:41:04,400 --> 00:41:07,759
Speaker 1: chance to ask him questions or put another side of

593
00:41:07,800 --> 00:41:12,120
Speaker 1: the story. Immediately after the outburst, he got up and left.

594
00:41:13,040 --> 00:41:14,960
Speaker 1: Karen Jennis said at the time.

595
00:41:15,239 --> 00:41:17,080
Speaker 11: How dare he speak to us like that.

596
00:41:18,200 --> 00:41:21,879
Speaker 1: Dianne Walls, who had no prior knowledge of the complaints

597
00:41:21,920 --> 00:41:24,879
Speaker 1: and the depth of feeling in the Intensive care unit

598
00:41:24,960 --> 00:41:29,480
Speaker 1: over Patel, told the nurses that management had spoken let

599
00:41:29,520 --> 00:41:33,879
Speaker 1: it go now, she said. At two thirty pm, Peter

600
00:41:34,000 --> 00:41:37,520
Speaker 1: Lek fronted another meeting in the conference room outside the

601
00:41:37,600 --> 00:41:42,520
Speaker 1: executive officers. He berated the more senior nurses. This time

602
00:41:43,400 --> 00:41:46,520
Speaker 1: Robin Pollock, the nurse in charge of the renal unit,

603
00:41:46,680 --> 00:41:50,840
Speaker 1: learned by email that attendance was mandatory. She was a

604
00:41:50,840 --> 00:41:56,319
Speaker 1: few minutes late. When she arrived, Lek was admonishing her colleagues.

605
00:41:57,320 --> 00:42:00,640
Speaker 1: Pollock wanted to say that if management had handled this

606
00:42:00,680 --> 00:42:04,479
Speaker 1: matter appropriately and dealt with the complaints about PTEL back

607
00:42:04,480 --> 00:42:07,760
Speaker 1: when they were made, we wouldn't be in this position now.

608
00:42:08,680 --> 00:42:13,440
Speaker 1: But Peter Leck's anger was intimidating for her. He said

609
00:42:13,480 --> 00:42:17,320
Speaker 1: the leaker was a nurse. One of the nurses asked,

610
00:42:17,440 --> 00:42:22,680
Speaker 1: are you sure. How do you know that? Peter Leck replied, I.

611
00:42:22,640 --> 00:42:25,120
Speaker 9: Have it from a reliable source, but it is not

612
00:42:25,239 --> 00:42:27,640
Speaker 9: just one source. I have two or three people that

613
00:42:27,680 --> 00:42:28,880
Speaker 9: can verify it as a nurse.

614
00:42:30,320 --> 00:42:34,600
Speaker 1: Nurse Gail Alma bridled at the accusatory tone in Lex's

615
00:42:34,640 --> 00:42:39,560
Speaker 1: furious diatribe. She resented being blamed over the leak, and

616
00:42:39,680 --> 00:42:44,400
Speaker 1: she felt powerless to defend herself and her colleagues. She

617
00:42:44,600 --> 00:42:47,160
Speaker 1: feared a nurse would be made a scapegoat for the

618
00:42:47,239 --> 00:42:50,440
Speaker 1: leak when the bigger issue was the lethal incompetence of

619
00:42:50,520 --> 00:42:54,200
Speaker 1: a surgeon. What sort of mixed up management? Shot the

620
00:42:54,239 --> 00:42:58,200
Speaker 1: messenger and ignored the message. Are you going to track

621
00:42:58,239 --> 00:43:02,319
Speaker 1: this person down? One of the nurses asked Lek. Lek

622
00:43:02,440 --> 00:43:07,000
Speaker 1: said something about that not being his immediate priority. At

623
00:43:07,080 --> 00:43:11,040
Speaker 1: the end of the tirade, he stormed out. The afternoon

624
00:43:11,239 --> 00:43:15,680
Speaker 1: was filled with tension to the nurses. Patel appeared unmoved,

625
00:43:16,280 --> 00:43:20,000
Speaker 1: but the surgeon seized the opportunity to confront Lek and

626
00:43:20,080 --> 00:43:24,640
Speaker 1: demanded his complete backing. Leck could see that Patel was

627
00:43:24,800 --> 00:43:29,399
Speaker 1: incensed at the questioning of his competence. Unless you send

628
00:43:29,400 --> 00:43:31,880
Speaker 1: a letter of support to the Bunderberg Newsmill in relation

629
00:43:31,960 --> 00:43:36,200
Speaker 1: to my work, I will resign. The director of surgery

630
00:43:36,320 --> 00:43:39,879
Speaker 1: pledged to quit within twenty four hours if he did

631
00:43:39,960 --> 00:43:44,840
Speaker 1: not see signs of rock solid backing from management. Patel

632
00:43:44,960 --> 00:43:48,920
Speaker 1: spoke about launching legal action against everyone involved in what

633
00:43:49,040 --> 00:43:52,799
Speaker 1: he saw as a plot to oust him. When Lek

634
00:43:52,880 --> 00:43:55,880
Speaker 1: could get a word in, he tried to placate Patel

635
00:43:56,000 --> 00:44:02,000
Speaker 1: by apologizing. Despite his grave concerns about the surgeon's incompetence,

636
00:44:02,400 --> 00:44:06,040
Speaker 1: Leck was worried about the need to continue working through

637
00:44:06,040 --> 00:44:10,400
Speaker 1: the waiting lists. Later, Let gave an explanation to the

638
00:44:10,600 --> 00:44:14,320
Speaker 1: senior departmental liaison officer Paul dal Alba.

639
00:44:15,760 --> 00:44:18,799
Speaker 9: He acknowledges to support provided so far by myself, the

640
00:44:18,880 --> 00:44:23,280
Speaker 9: minister and others, but once some further backing. I'm adviser

641
00:44:23,320 --> 00:44:25,759
Speaker 9: doctor Pateell as the only general surgeon who will be

642
00:44:25,800 --> 00:44:29,200
Speaker 9: in Bundenberg over the coming Easter weekend. His departure at

643
00:44:29,239 --> 00:44:31,600
Speaker 9: this time would be critical to service delivery.

644
00:44:32,920 --> 00:44:36,360
Speaker 1: Leck told his colleague that he found only one patient

645
00:44:36,440 --> 00:44:40,440
Speaker 1: letter of complaint relating to doctor Pateell, from a family

646
00:44:40,440 --> 00:44:45,279
Speaker 1: whose father was treated mainly by another surgeon. Peter Lex

647
00:44:45,440 --> 00:44:48,480
Speaker 1: sent to Paul dal Alba a draft of the letter

648
00:44:48,520 --> 00:44:51,000
Speaker 1: that he would soon dispatch to the news Mail.

649
00:44:52,080 --> 00:44:54,640
Speaker 9: I refer to the article of March twenty three concerning

650
00:44:54,640 --> 00:44:57,880
Speaker 9: allegations made against doctor J. Pettel. The fact that a

651
00:44:57,960 --> 00:45:00,680
Speaker 9: number of alligators have been made public without completion of

652
00:45:00,719 --> 00:45:04,200
Speaker 9: a review process designed to ensure the application of natural

653
00:45:04,360 --> 00:45:08,360
Speaker 9: justice is reprehensible. At this time I received no advice

654
00:45:08,400 --> 00:45:11,880
Speaker 9: indicating that the allegations have been substantiated. A range of

655
00:45:11,920 --> 00:45:14,799
Speaker 9: systems are in place to monitor patient safety and the

656
00:45:14,840 --> 00:45:17,520
Speaker 9: community can be assured that we are constantly working to

657
00:45:17,520 --> 00:45:21,400
Speaker 9: improve our service delivery. Doctor Patel is an industrious surgeon

658
00:45:21,440 --> 00:45:23,880
Speaker 9: who has spent many years working to improve the lives

659
00:45:23,920 --> 00:45:27,120
Speaker 9: of ordinary people in both the United States and Australia.

660
00:45:27,560 --> 00:45:31,640
Speaker 9: He deserves a fair go. Peter Leck, District Manager, Bunderberg

661
00:45:31,680 --> 00:45:32,800
Speaker 9: Health Service District.

662
00:45:34,640 --> 00:45:38,200
Speaker 1: A little while later, Leck went to the evening meeting

663
00:45:38,239 --> 00:45:40,640
Speaker 1: of the district Health Council, which was part of a

664
00:45:40,719 --> 00:45:45,480
Speaker 1: Queensland Health public relations exercise to pretend it was interested

665
00:45:45,560 --> 00:45:50,920
Speaker 1: in the input of hand picked community members. Its chairman, Vivchase,

666
00:45:51,080 --> 00:45:54,960
Speaker 1: who was cranky and in poor health with diabetes, received

667
00:45:54,960 --> 00:46:00,000
Speaker 1: a nominal five hundred dollars a year to attend meetings.

668
00:46:00,440 --> 00:46:04,600
Speaker 1: No longer wielded much influence, certainly nothing like when he

669
00:46:04,760 --> 00:46:07,800
Speaker 1: was the local mayor, but this evening he was prepared

670
00:46:07,840 --> 00:46:11,400
Speaker 1: to take a stand. Rob Messenger was at it again,

671
00:46:11,680 --> 00:46:15,480
Speaker 1: running down the local hospital. Chase knew little about what

672
00:46:15,680 --> 00:46:19,319
Speaker 1: was really going on in the hospital. Peelect simply did

673
00:46:19,360 --> 00:46:23,279
Speaker 1: not bother briefing him on the sensitive issues. In his

674
00:46:23,440 --> 00:46:27,520
Speaker 1: ignorance of the situation, Vivchase had become sick and tired

675
00:46:27,560 --> 00:46:33,160
Speaker 1: of the constant carping by Messenger. As Joan Dooley, Lex's

676
00:46:33,239 --> 00:46:36,879
Speaker 1: secretary took the minutes of the meeting, Leck gave an

677
00:46:36,880 --> 00:46:41,280
Speaker 1: overview of the Patel issues. One of the members, Doctor

678
00:46:41,320 --> 00:46:45,600
Speaker 1: Denise Powell, the president of the local Medical Association, briefed

679
00:46:45,680 --> 00:46:51,319
Speaker 1: everyone on the media interest, including TV follow ups. Dr

680
00:46:51,400 --> 00:46:56,080
Speaker 1: Powell stressed that the local medical community was standing behind Patel.

681
00:46:57,200 --> 00:47:00,920
Speaker 1: There was no mistaking the mood of the meeting. Whatever

682
00:47:01,000 --> 00:47:04,680
Speaker 1: the significance of the allegations, the patients ran a poor

683
00:47:04,760 --> 00:47:09,520
Speaker 1: second to the interests of Batel. The meeting gave Powell

684
00:47:09,560 --> 00:47:13,080
Speaker 1: the green light to speak to Rob Messenger. Perhaps a

685
00:47:13,200 --> 00:47:17,840
Speaker 1: chat could reassure the Maverick parliamentarian or quieten him down,

686
00:47:18,800 --> 00:47:22,160
Speaker 1: and everyone on the District Health Council was in favor

687
00:47:22,200 --> 00:47:30,399
Speaker 1: of providing a letter of support to Patel. Chapter thirty two,

688
00:47:31,080 --> 00:47:39,280
Speaker 1: Damage Control, twenty four March two thousand and five. Beryl

689
00:47:39,360 --> 00:47:42,440
Speaker 1: Crosby is the type of down to earth person described

690
00:47:42,440 --> 00:47:48,160
Speaker 1: by TV reporters and producers as great talent. Although unknown

691
00:47:48,320 --> 00:47:51,160
Speaker 1: in the media world, she had a story that might

692
00:47:51,320 --> 00:47:54,880
Speaker 1: make or break a ratings night for the nine networks,

693
00:47:54,960 --> 00:47:58,720
Speaker 1: A current affair in its perennial war with sevens Today

694
00:47:58,760 --> 00:48:03,040
Speaker 1: Tonight her story and picture on the front page of

695
00:48:03,120 --> 00:48:06,880
Speaker 1: the News Mail and on an inside page of the Courier.

696
00:48:06,920 --> 00:48:12,040
Speaker 1: Mail had excited Paul Ransley, Queensland chief of a current affair.

697
00:48:13,040 --> 00:48:15,359
Speaker 1: The News Mail had reported it like this.

698
00:48:16,719 --> 00:48:20,120
Speaker 10: Beryl Crosby was organizing her own funeral when she found

699
00:48:20,200 --> 00:48:24,400
Speaker 10: out being diagnosed with cancer had been a medical mistake.

700
00:48:24,920 --> 00:48:28,680
Speaker 10: Missus Crosby claims the doctor responsible was Jay aunt Petel,

701
00:48:29,160 --> 00:48:32,800
Speaker 10: the man at the center of malpractice allegations read out

702
00:48:32,800 --> 00:48:36,800
Speaker 10: in state Parliament by Member for Burnett Rob Messenger this week.

703
00:48:38,120 --> 00:48:39,120
Speaker 4: I thought it was a one.

704
00:48:38,920 --> 00:48:41,600
Speaker 1: Off case, Eryl Crosby said.

705
00:48:42,040 --> 00:48:43,959
Speaker 10: I hope by not taking action back then, I didn't

706
00:48:43,960 --> 00:48:45,280
Speaker 10: add to anyone else's grief.

707
00:48:46,880 --> 00:48:51,640
Speaker 1: Paul Ransley, a former investigative journalist with the Sunday Program,

708
00:48:51,800 --> 00:48:55,920
Speaker 1: hoped the morbidly fascinating story would beat whatever today Tonight

709
00:48:56,040 --> 00:49:01,160
Speaker 1: might serve up. Its sharp new producer Karen Cooper was

710
00:49:01,280 --> 00:49:05,640
Speaker 1: closing the gap in the ratings. Paul held an early

711
00:49:05,680 --> 00:49:10,000
Speaker 1: morning phone conference with his counterparts in Sydney. They liked

712
00:49:10,000 --> 00:49:13,040
Speaker 1: the angle. It was one of those back from the

713
00:49:13,120 --> 00:49:18,680
Speaker 1: dead stories with universal appeal. Ramsley asked his veteran foot

714
00:49:18,680 --> 00:49:21,560
Speaker 1: in the door reporter David Margan and a crew to

715
00:49:21,719 --> 00:49:26,919
Speaker 1: rush to Bunderberg and interview Crosby. Crosby seemed excited as

716
00:49:26,920 --> 00:49:29,040
Speaker 1: she did her first TV walk.

717
00:49:29,760 --> 00:49:32,800
Speaker 10: Oh my god, it's like a friggin' movie.

718
00:49:32,880 --> 00:49:36,600
Speaker 1: The crew needed footage of her strolling spelling the roses.

719
00:49:37,120 --> 00:49:42,200
Speaker 1: It was part of the package. Beryl Crosby's transition from

720
00:49:42,239 --> 00:49:47,439
Speaker 1: obscurity to public limelight had happened quickly. It started after

721
00:49:47,520 --> 00:49:51,440
Speaker 1: her daughter saw the first day of local headlines about Patel.

722
00:49:52,239 --> 00:49:55,279
Speaker 1: She called her mum and told her to buy the newspaper.

723
00:49:56,320 --> 00:50:00,520
Speaker 1: Beryl sat transfixed as she read the brief stories. She

724
00:50:00,719 --> 00:50:04,680
Speaker 1: wondered if her own brush with Patel was relevant. A

725
00:50:04,760 --> 00:50:08,719
Speaker 1: sales representative who was between jobs, she plucked up the

726
00:50:08,800 --> 00:50:12,560
Speaker 1: courage to call Rob Messenger's office at Bagara and she

727
00:50:12,680 --> 00:50:17,040
Speaker 1: explained how Patel had treated her. She was told to

728
00:50:17,120 --> 00:50:20,440
Speaker 1: expect a call from Messenger, who was still in Brisbane

729
00:50:20,480 --> 00:50:26,040
Speaker 1: attending state Parliament. When Beryl Crosby explained how Patel had

730
00:50:26,160 --> 00:50:32,359
Speaker 1: misdiagnosed cancer, Messenger cried. He still grieved for his mother.

731
00:50:33,640 --> 00:50:37,080
Speaker 1: Just recalling her death at the hospital after a fight

732
00:50:37,160 --> 00:50:41,320
Speaker 1: with cancer reduced him to tears. It was the moment

733
00:50:41,440 --> 00:50:45,640
Speaker 1: Crosby decided that Rob Messinger was a good man. She

734
00:50:45,800 --> 00:50:47,800
Speaker 1: felt she could trust him.

735
00:50:48,360 --> 00:50:50,359
Speaker 7: When I come back out, I would love to come

736
00:50:50,400 --> 00:50:51,520
Speaker 7: and see you.

737
00:50:51,520 --> 00:50:53,960
Speaker 1: You should get a damn good lawyer and sue them

738
00:50:54,000 --> 00:50:59,440
Speaker 1: for everything than god. Messenger was a pragmatist. He knew

739
00:50:59,480 --> 00:51:02,600
Speaker 1: that Crossby's story would help to validate some of the

740
00:51:02,760 --> 00:51:07,160
Speaker 1: concerns about Patel. It might also ease the pressure he

741
00:51:07,280 --> 00:51:12,360
Speaker 1: was under for naming Patel in Parliament. He asked Crosby

742
00:51:12,440 --> 00:51:15,560
Speaker 1: if she would do some media. He wanted her to

743
00:51:15,640 --> 00:51:19,879
Speaker 1: tell her story to the newspaper and TV reporters. He

744
00:51:19,920 --> 00:51:23,960
Speaker 1: offered to make the arrangements. A short time later, the

745
00:51:24,040 --> 00:51:28,400
Speaker 1: crew from the News Mail arrived on Crosby's doorstep. My

746
00:51:28,600 --> 00:51:32,400
Speaker 1: colleague Ryan Heffernan from the Courier Mail had also telephoned

747
00:51:32,400 --> 00:51:35,520
Speaker 1: Beryl Crosby and that was just the start of the

748
00:51:35,600 --> 00:51:39,799
Speaker 1: media interest. The print articles were like bait for the

749
00:51:39,840 --> 00:51:44,400
Speaker 1: follow ups by a current affair and today tonight, the

750
00:51:44,400 --> 00:51:47,960
Speaker 1: pressure on Patel, on his bosses in Bunderberg and the

751
00:51:48,040 --> 00:51:53,279
Speaker 1: bureaucracy in Brisbane mounted with each new headline. Patel had

752
00:51:53,320 --> 00:51:57,120
Speaker 1: it out with Peter Leck, again accusing the district manager

753
00:51:57,160 --> 00:52:01,719
Speaker 1: of failing to rally robust support, Patel walked off in

754
00:52:01,840 --> 00:52:03,320
Speaker 1: a rage.

755
00:52:03,520 --> 00:52:06,279
Speaker 9: Dr Pateel has just resigned effective immediately.

756
00:52:07,160 --> 00:52:11,200
Speaker 1: Leck wrote to Dan Bergen, the Queensland Health Zonal manager,

757
00:52:11,440 --> 00:52:15,000
Speaker 1: and to Paul Michaels, one of their media advisors, just

758
00:52:15,080 --> 00:52:15,760
Speaker 1: after lunch.

759
00:52:16,800 --> 00:52:19,040
Speaker 9: He has indicated that he plans to take legal action

760
00:52:19,400 --> 00:52:22,600
Speaker 9: against a variety of staff as well as Queensland Health

761
00:52:22,880 --> 00:52:26,239
Speaker 9: for failing to stop the leak of confidential information and

762
00:52:26,320 --> 00:52:29,640
Speaker 9: for not providing definitive support in relation to the allegations.

763
00:52:30,160 --> 00:52:33,719
Speaker 9: There are no general surgeons in Bunderberg privately or publicly

764
00:52:34,280 --> 00:52:37,400
Speaker 9: as from eight am this morning, except Dodor Bittel.

765
00:52:38,640 --> 00:52:43,000
Speaker 1: As the media scrambled to reach Bunderberg, Jerry Fitzgerald, having

766
00:52:43,080 --> 00:52:47,080
Speaker 1: received the data he needed to verify Petel's off the

767
00:52:47,200 --> 00:52:51,319
Speaker 1: scale rate of complications, gave his final report to the

768
00:52:51,400 --> 00:52:57,000
Speaker 1: Director General of Queensland Health, doctor Steve Buckland. They meant

769
00:52:57,080 --> 00:53:01,120
Speaker 1: to talk about it the clinical order with carnage on

770
00:53:01,200 --> 00:53:03,960
Speaker 1: a grand scale, yet it was written in such a

771
00:53:03,960 --> 00:53:09,240
Speaker 1: way that the reader might not be immediately alarmed. Fitzgerald's

772
00:53:09,239 --> 00:53:10,919
Speaker 1: report began like this.

773
00:53:12,120 --> 00:53:15,719
Speaker 5: Bunderberg is a progressive, modern city with a population of

774
00:53:15,800 --> 00:53:19,440
Speaker 5: forty four thousand, six hundred and seventy where residents are

775
00:53:19,440 --> 00:53:24,799
Speaker 5: catered for with excellent shopping, medical services, education facilities, and

776
00:53:24,880 --> 00:53:30,239
Speaker 5: a diversity of recreational pursuits and experiences, including the Coralisles

777
00:53:30,600 --> 00:53:31,640
Speaker 5: coast and country.

778
00:53:32,760 --> 00:53:37,439
Speaker 1: On page seven, the report states.

779
00:53:36,120 --> 00:53:39,800
Speaker 5: In general, staff have enjoyed their work at Bunderberg Hospital

780
00:53:40,200 --> 00:53:45,320
Speaker 5: and only recently have issues arisen which have caused concern. However,

781
00:53:45,920 --> 00:53:49,720
Speaker 5: as well as raising concerns, some staff made complementary comments

782
00:53:49,760 --> 00:53:54,000
Speaker 5: about the divisional director's commitment to teaching and mentoring of

783
00:53:54,120 --> 00:53:58,120
Speaker 5: junior medical staff. In addition, there has been a significant

784
00:53:58,160 --> 00:54:02,640
Speaker 5: improvement in efficiency, especially in the operating theater and in

785
00:54:02,719 --> 00:54:07,560
Speaker 5: meeting elective surgery targets, with significant reductions in waiting times

786
00:54:07,600 --> 00:54:09,160
Speaker 5: for surgery.

787
00:54:09,600 --> 00:54:13,000
Speaker 1: Doctor Fitzgerald compiled the report with regard to what was

788
00:54:13,040 --> 00:54:18,400
Speaker 1: known as a no blame protocol. Doctor Bateell's name did

789
00:54:18,480 --> 00:54:21,840
Speaker 1: not even appear in the report. He was referred to

790
00:54:21,960 --> 00:54:24,000
Speaker 1: by title, with comments such.

791
00:54:23,800 --> 00:54:28,080
Speaker 5: As the Director of Surgery has high standards and this

792
00:54:28,120 --> 00:54:30,640
Speaker 5: has led to some degree of conflict with staff.

793
00:54:32,040 --> 00:54:35,880
Speaker 1: Only by reading between the lines and analyzing the figures

794
00:54:35,920 --> 00:54:39,239
Speaker 1: on complications at the back of the report would have

795
00:54:39,320 --> 00:54:43,600
Speaker 1: been possible to ascertain the seriousness of the matter, but

796
00:54:43,680 --> 00:54:47,160
Speaker 1: as the report remained under a strict veil of secrecy,

797
00:54:47,600 --> 00:54:50,840
Speaker 1: none of the patients or staff of the hospital would know.

798
00:54:52,040 --> 00:54:57,360
Speaker 1: Steve Buckland, however, received an additional piece of advice. Doctor

799
00:54:57,400 --> 00:55:02,839
Speaker 1: Fitzgerald had attached a confident memorandum to the report, and

800
00:55:02,880 --> 00:55:07,320
Speaker 1: the memorandum was alarming for Buckland's eyes only.

801
00:55:07,600 --> 00:55:12,160
Speaker 5: It stated in February this year, I was asked to

802
00:55:12,280 --> 00:55:17,800
Speaker 5: undertake a clinical audit of general surgical services at Bunderberg Hospital.

803
00:55:18,400 --> 00:55:21,360
Speaker 5: As you are aware, the events which trigger this audit

804
00:55:21,760 --> 00:55:25,360
Speaker 5: have now been the subject of questions in Parliament. The

805
00:55:25,440 --> 00:55:29,120
Speaker 5: report of the clinical audit is now complete and I

806
00:55:29,200 --> 00:55:33,120
Speaker 5: have attached a copy to this memorandum. There are issues

807
00:55:33,160 --> 00:55:36,040
Speaker 5: which I need to bring to your attention. There is

808
00:55:36,080 --> 00:55:39,759
Speaker 5: evidence that the Director of Surgery at Bunderberg Hospital has

809
00:55:39,760 --> 00:55:44,359
Speaker 5: a significantly higher surgical complication rate than the peer group rate.

810
00:55:45,080 --> 00:55:48,920
Speaker 5: In addition, he appears to have undertaken types of surgery

811
00:55:48,960 --> 00:55:52,680
Speaker 5: which in my view are beyond the capability of Bunderberg

812
00:55:52,719 --> 00:55:57,400
Speaker 5: Hospital and possibly beyond his own skills and experience. Although

813
00:55:57,440 --> 00:56:01,640
Speaker 5: his surgical competence has not been examined in detail, I

814
00:56:01,680 --> 00:56:05,760
Speaker 5: believe his judgment both in undertaking these procedures and also

815
00:56:05,880 --> 00:56:09,279
Speaker 5: delaying the transfer of patients to a higher level facility,

816
00:56:09,640 --> 00:56:13,239
Speaker 5: is below that which is expected by Queensland Health. I

817
00:56:13,280 --> 00:56:16,000
Speaker 5: would recommend that these matters should be examined by the

818
00:56:16,040 --> 00:56:19,919
Speaker 5: Medical Board and have written to the Executive Officer, Mister

819
00:56:20,000 --> 00:56:24,640
Speaker 5: Jimo Dempsey, bringing the matter to his attention. The audit

820
00:56:24,719 --> 00:56:28,080
Speaker 5: report also identified that there has been a failure of

821
00:56:28,120 --> 00:56:30,880
Speaker 5: systems at the hospital which has led to a delay

822
00:56:31,080 --> 00:56:35,040
Speaker 5: in the resolution of these matters. The Credentials and Clinical

823
00:56:35,080 --> 00:56:40,360
Speaker 5: Privileges Committee has not appropriately considered or credentialed the doctor concerned.

824
00:56:41,080 --> 00:56:44,320
Speaker 5: The executive management team at the hospital does not appear

825
00:56:44,360 --> 00:56:47,719
Speaker 5: to have responded in a timely or effective manner to

826
00:56:47,800 --> 00:56:50,840
Speaker 5: the concerns raised by staff, some of which were raised

827
00:56:50,880 --> 00:56:54,640
Speaker 5: over twelve months ago. While the report makes a number

828
00:56:54,680 --> 00:56:59,000
Speaker 5: of recommendations for system improvements, I would recommend that some

829
00:56:59,080 --> 00:57:03,600
Speaker 5: discussion should ocur with the hospital management, reminding them of

830
00:57:03,640 --> 00:57:07,720
Speaker 5: their responsibilities to put such systems in place and ensure

831
00:57:08,120 --> 00:57:14,279
Speaker 5: they respond appropriately to reasonable clinical quality concerns. Doctor Jerry Fitzgerald,

832
00:57:14,520 --> 00:57:18,120
Speaker 5: Chief Health Officer, twenty fourth of March two thousand and five.

833
00:57:19,440 --> 00:57:23,680
Speaker 1: Fitzgerald wrote also to the Medical Board's head GMO Dempsey,

834
00:57:24,800 --> 00:57:25,560
Speaker 1: I wish to.

835
00:57:25,440 --> 00:57:28,840
Speaker 5: Formally bring to your attention and seek assessment of the

836
00:57:28,840 --> 00:57:32,280
Speaker 5: performance of doctor Giant Patel, who is the director of

837
00:57:32,320 --> 00:57:34,400
Speaker 5: surgery at Bunderberg Hospital.

838
00:57:35,520 --> 00:57:39,440
Speaker 1: Fitzgerald advised the Medical Board of Evidence that the outcomes

839
00:57:39,440 --> 00:57:42,720
Speaker 1: of complex operations performed by Patel.

840
00:57:42,440 --> 00:57:46,400
Speaker 5: Were relatively poor, with at least two of the patients

841
00:57:46,480 --> 00:57:51,080
Speaker 5: dying in the immediate post operative period. In addition, data

842
00:57:51,160 --> 00:57:55,320
Speaker 5: produced during the audit demonstrated a significantly higher rate of

843
00:57:55,320 --> 00:57:59,720
Speaker 5: complications than the peer group average. However, we have not

844
00:57:59,760 --> 00:58:03,600
Speaker 5: been able to exclude the impact of differential severity on

845
00:58:03,720 --> 00:58:04,960
Speaker 5: this complication rate.

846
00:58:08,480 --> 00:58:12,040
Speaker 1: But doctor Fitzgerald did not send his report to the

847
00:58:12,080 --> 00:58:15,320
Speaker 1: Medical Board, nor did he send it to Peter leck

848
00:58:15,400 --> 00:58:21,040
Speaker 1: in Bunderberg, and despite the preliminary findings, neither Buckland nor

849
00:58:21,120 --> 00:58:26,320
Speaker 1: Fitzgerald considered suspending Patel based on what he knew at

850
00:58:26,320 --> 00:58:30,680
Speaker 1: that time. Steve Buckland, the man in overall charge of

851
00:58:30,760 --> 00:58:34,720
Speaker 1: all the hospitals and staff in Queensland Health, would not

852
00:58:34,960 --> 00:58:38,320
Speaker 1: have permitted Patel to come near him with a scalpel,

853
00:58:39,360 --> 00:58:44,800
Speaker 1: but Buckland's priority was to keep Patel operating. When Buckland

854
00:58:44,880 --> 00:58:48,400
Speaker 1: spoke to Lek in the late afternoon, Patel was still

855
00:58:48,480 --> 00:58:53,920
Speaker 1: threatening to sue everyone, including his employer. Patel also knew

856
00:58:53,960 --> 00:58:57,120
Speaker 1: that without him there would be no surgeon on duty

857
00:58:57,200 --> 00:59:00,320
Speaker 1: over the Easter break, when thousands of families would be

858
00:59:00,400 --> 00:59:06,200
Speaker 1: on the roads. There were always smashes, broken and twisted,

859
00:59:06,240 --> 00:59:10,680
Speaker 1: limbs damaged, organs. Hospital staff would be run off their feet,

860
00:59:10,760 --> 00:59:13,600
Speaker 1: and the nightly news could be counted on to grimly

861
00:59:13,720 --> 00:59:18,040
Speaker 1: update the road toll each evening it was the hospital's

862
00:59:18,120 --> 00:59:22,000
Speaker 1: most critical time of need. By threatening to refuse to

863
00:59:22,080 --> 00:59:26,439
Speaker 1: work unless certain conditions were met, Patel put Leck, who

864
00:59:26,480 --> 00:59:30,000
Speaker 1: was not coping well under the pressure, into a state

865
00:59:30,040 --> 00:59:34,320
Speaker 1: of dread. In his time of need, Patel was also

866
00:59:34,440 --> 00:59:39,080
Speaker 1: being flattered by fellow doctors who rushed to defend him.

867
00:59:39,600 --> 00:59:43,560
Speaker 1: Doctor keyes Nidham wrote a public declaration of support.

868
00:59:44,680 --> 00:59:48,240
Speaker 11: I would have no hesitation of having this highly qualified

869
00:59:48,280 --> 00:59:52,680
Speaker 11: surgeon operate on any member of my family or myself.

870
00:59:54,000 --> 00:59:57,240
Speaker 1: Nightham regarded the primary role of newspapers to be the

871
00:59:57,280 --> 01:00:01,920
Speaker 1: publisher of comics and his letters. Furious with the nurses,

872
01:00:02,360 --> 01:00:05,600
Speaker 1: keyes Nidam, who was in the chair as acting director

873
01:00:05,640 --> 01:00:10,320
Speaker 1: of medical services when Patel was first employed at the hospital,

874
01:00:10,400 --> 01:00:15,280
Speaker 1: said he was vacillating between sadness and disgust over the

875
01:00:15,320 --> 01:00:20,640
Speaker 1: public shaming. As president of the local Medical Association, Doctor

876
01:00:20,680 --> 01:00:24,280
Speaker 1: Denise Powell was urged to show her support for Patel,

877
01:00:24,920 --> 01:00:28,280
Speaker 1: and she said the organization felt he had made a

878
01:00:28,320 --> 01:00:33,760
Speaker 1: positive contribution to the community in Brisbane. The big guns

879
01:00:33,840 --> 01:00:38,680
Speaker 1: lined up against Messenger they had the politician in their sites.

880
01:00:39,560 --> 01:00:45,320
Speaker 1: Doctor David mlloy, president of the Australian Medical Association's Queensland branch,

881
01:00:45,400 --> 01:00:50,080
Speaker 1: said Patel had spent many years training and practicing in

882
01:00:50,120 --> 01:00:53,760
Speaker 1: the United States. Doctor mlloy said.

883
01:00:54,480 --> 01:00:57,600
Speaker 11: There is every probability that there was no negligence involved

884
01:00:57,600 --> 01:01:00,360
Speaker 11: in the surgeon's practice, and the issue before the Medical

885
01:01:00,360 --> 01:01:03,520
Speaker 11: Board mostly relates to the scope of surgery being completed

886
01:01:03,560 --> 01:01:07,440
Speaker 11: in a country center. The opposition has acted irresponsibly by

887
01:01:07,480 --> 01:01:11,640
Speaker 11: accusing a Bunderberg surgeon of professional incompetence in the interests

888
01:01:11,640 --> 01:01:14,640
Speaker 11: of cheap political gain and perverting the course of justice.

889
01:01:15,760 --> 01:01:19,880
Speaker 1: At five point twenty five pm, the relentless Rob Messenger

890
01:01:20,000 --> 01:01:25,400
Speaker 1: launched another broadside in state Parliament against Gordon Nuttle, accusing

891
01:01:25,440 --> 01:01:29,280
Speaker 1: the Minister of instructing his department to run Queensland Health

892
01:01:29,360 --> 01:01:32,600
Speaker 1: with the pretend I am a mushroom approach.

893
01:01:33,760 --> 01:01:36,480
Speaker 7: If we listen to the Minister, everything is rosy and

894
01:01:36,560 --> 01:01:40,320
Speaker 7: fine with the Bunderberg Hospital. There are no shonky surgeons,

895
01:01:40,360 --> 01:01:43,440
Speaker 7: no access block, no shortage of beds and no mental

896
01:01:43,440 --> 01:01:47,439
Speaker 7: health crisis. And nurses and hospital employees are not being

897
01:01:47,480 --> 01:01:51,000
Speaker 7: bullied or vilified by the administration. But the facts of

898
01:01:51,000 --> 01:01:53,840
Speaker 7: the matter are quite different. I repeat my call that

899
01:01:53,960 --> 01:01:59,680
Speaker 7: not only should surgeon doctor Pittilby suspended administrators, mister Peter

900
01:02:00,400 --> 01:02:03,800
Speaker 7: and doctor Darren Keating should also be suspended. They have

901
01:02:03,920 --> 01:02:06,760
Speaker 7: lost the confidence of the staff and the patients of

902
01:02:06,840 --> 01:02:10,920
Speaker 7: the Bunderberg Hospital. The Minister can trust me not to

903
01:02:11,000 --> 01:02:14,160
Speaker 7: hide the reality of what is happening in our wards

904
01:02:14,200 --> 01:02:15,400
Speaker 7: and operating theaters.

905
01:02:16,480 --> 01:02:19,960
Speaker 1: In an angri aside not recorded by the reporters of

906
01:02:20,000 --> 01:02:25,280
Speaker 1: Parliament's Proceedings, Gordon Nuttle shouted at Messenger across the chamber.

907
01:02:26,520 --> 01:02:30,360
Speaker 4: I hope you're satisfied that he's resigned. You are responsible

908
01:02:30,520 --> 01:02:32,960
Speaker 4: for the lack of a surgeon in Bunderberg. Over the

909
01:02:33,000 --> 01:02:34,000
Speaker 4: easter break.

910
01:02:34,720 --> 01:02:37,760
Speaker 1: Peter Leck dashed off an email to Steve Bucklin to

911
01:02:37,920 --> 01:02:41,880
Speaker 1: update him on Patel's latest demands. He had changed his

912
01:02:42,000 --> 01:02:45,160
Speaker 1: mind about quitting and was weighing a new offer of

913
01:02:45,200 --> 01:02:48,800
Speaker 1: a four month contract from one April two thousand and five.

914
01:02:50,000 --> 01:02:53,960
Speaker 1: His current contract would finish in six days on thirty

915
01:02:53,960 --> 01:02:57,960
Speaker 1: one March. In his email, Lex said.

916
01:02:58,880 --> 01:03:01,240
Speaker 9: I offered support by suggesting he'd take a few days

917
01:03:01,360 --> 01:03:05,040
Speaker 9: leave to consider his position and the future. Doctor Pateel

918
01:03:05,120 --> 01:03:07,640
Speaker 9: indicated that he'd been doing that and was prepared to

919
01:03:07,680 --> 01:03:10,760
Speaker 9: return to work tomorrow if he was offered a contract

920
01:03:10,800 --> 01:03:14,400
Speaker 9: of fifteen hundred to two thousand dollars a day. He

921
01:03:14,440 --> 01:03:17,520
Speaker 9: wants something close to two thousand dollars from one April

922
01:03:17,560 --> 01:03:20,800
Speaker 9: three to July. He also wants the organization to fully

923
01:03:20,800 --> 01:03:23,760
Speaker 9: support him, but was no longer explicit in his demand

924
01:03:23,840 --> 01:03:26,160
Speaker 9: that we back him in relation to all the procedures

925
01:03:26,200 --> 01:03:27,720
Speaker 9: he has undertaken in Bunderberg.

926
01:03:29,040 --> 01:03:33,680
Speaker 1: Buckland's day was worsening. The story on a current affair

927
01:03:33,840 --> 01:03:38,680
Speaker 1: had given the Patel fiasco a national profile. It suggested

928
01:03:38,760 --> 01:03:42,960
Speaker 1: the surgeon was about to quit. Messenger's latest attack had

929
01:03:42,960 --> 01:03:47,400
Speaker 1: made Nuttle even angrier, and the pr Flax were under pressure.

930
01:03:48,200 --> 01:03:51,360
Speaker 1: The loss of a patient's life was of far less

931
01:03:51,400 --> 01:03:56,919
Speaker 1: concern to the organization than damaging headlines. According to Queensland

932
01:03:57,000 --> 01:04:02,080
Speaker 1: Health Little Known Risk Matrix a policy developed by a

933
01:04:02,200 --> 01:04:07,800
Speaker 1: senior bureaucrat strictly for internal use. An adverse clinical incident

934
01:04:08,000 --> 01:04:13,600
Speaker 1: is weighted as major if someone dies, but publicity that

935
01:04:13,760 --> 01:04:19,200
Speaker 1: significantly damages the organization's reputation, however, has a heavier weighting

936
01:04:19,360 --> 01:04:26,560
Speaker 1: of extreme. Apart from Bunderberg Hospital, Steve Buckland had another problem.

937
01:04:27,040 --> 01:04:29,800
Speaker 1: It was my story that day in the Courier Mail

938
01:04:30,000 --> 01:04:34,040
Speaker 1: disclosing how Queensland held staff at the John Tong Forensic

939
01:04:34,120 --> 01:04:38,040
Speaker 1: Laboratories were being threatened with imprisonment over the leak about

940
01:04:38,200 --> 01:04:44,280
Speaker 1: serious testing problems and maladministration. Nuttle went on Morning Radio

941
01:04:44,320 --> 01:04:48,600
Speaker 1: to attempt damage control, and he expressed surprise at the

942
01:04:48,640 --> 01:04:55,000
Speaker 1: suggestions that his organization, Queensland Health, was secretive, Although no

943
01:04:55,240 --> 01:04:59,880
Speaker 1: patience details were disclosed. The DNA scientists had been worn

944
01:05:00,080 --> 01:05:04,160
Speaker 1: by senior staff that an internal investigation would be followed

945
01:05:04,200 --> 01:05:08,040
Speaker 1: by a police robe which could lead to criminal charges.

946
01:05:09,600 --> 01:05:13,320
Speaker 1: They were told to get independent legal advice and prepare

947
01:05:13,360 --> 01:05:19,240
Speaker 1: for questioning. The crackdown terrified. Tony Hoffman. Queensland Health issued

948
01:05:19,280 --> 01:05:23,800
Speaker 1: a bland statement saying it was usual practice to investigate

949
01:05:23,920 --> 01:05:29,000
Speaker 1: any unauthorized release of confidential documents, as such actions are

950
01:05:29,080 --> 01:05:33,680
Speaker 1: breaches of the Code of conduct. Meanwhile, Buckland told Leck

951
01:05:33,800 --> 01:05:37,120
Speaker 1: that the surgical service had to be supported over the

952
01:05:37,160 --> 01:05:41,160
Speaker 1: yeas to break they needed to keep Patel operating.

953
01:05:42,360 --> 01:05:45,880
Speaker 12: Buckland said, I think he should work over Eester and

954
01:05:45,960 --> 01:05:48,160
Speaker 12: we would look at his contract from April first during

955
01:05:48,200 --> 01:05:51,080
Speaker 12: next week. The offer of two thousand dollars per day

956
01:05:51,160 --> 01:05:53,600
Speaker 12: is unacceptable. That would never be supported.

957
01:05:56,160 --> 01:05:59,600
Speaker 1: Patel, Larger than Life, was out for dinner at a

958
01:05:59,640 --> 01:06:04,480
Speaker 1: popular restaurant overlooking the ocean at Bagara, with its stylish

959
01:06:04,600 --> 01:06:08,600
Speaker 1: timber fittings and furniture and a vast menu cases was

960
01:06:08,640 --> 01:06:13,680
Speaker 1: a local favorite. Patel loudly talked up his surgical skills

961
01:06:14,720 --> 01:06:19,160
Speaker 1: his dinner companion, Doctor Asher Curtis, a bright young intern

962
01:06:19,240 --> 01:06:22,640
Speaker 1: on secondment from the Martyr Hospital in Brisbane, wanted the

963
01:06:22,680 --> 01:06:28,080
Speaker 1: ground to swallow her up. Two months earlier, Pettel's sexual

964
01:06:28,120 --> 01:06:31,880
Speaker 1: advances almost caused her to quit her stint in Bunderberg.

965
01:06:32,800 --> 01:06:37,320
Speaker 1: Curtis was sure she had not misinterpreted Patel's crude repertoire.

966
01:06:38,240 --> 01:06:40,880
Speaker 1: The man had said he wanted to marry her and

967
01:06:40,960 --> 01:06:45,800
Speaker 1: start a new life. Before the tolling of any wedding bells.

968
01:06:45,880 --> 01:06:49,840
Speaker 1: He promised to write glowing reports about her surgical performance,

969
01:06:50,680 --> 01:06:54,360
Speaker 1: but there was a catch. He wanted sexual favors in

970
01:06:54,400 --> 01:06:58,880
Speaker 1: the meantime. When he had come on strongly in January,

971
01:06:59,080 --> 01:07:02,360
Speaker 1: Curtis was worried about how to reject Patel without offending

972
01:07:02,440 --> 01:07:07,920
Speaker 1: him and jeopardizing her career. She quietly sought advice and

973
01:07:07,960 --> 01:07:12,360
Speaker 1: support from Judy O'Connor, the Medical Education Officer, and doctor

974
01:07:12,440 --> 01:07:18,280
Speaker 1: keyes Nidam. Curtis decided that she would politely decline Patel's suggestions,

975
01:07:18,320 --> 01:07:22,760
Speaker 1: and she toughed it out. After Rob Messenger had slammed

976
01:07:22,800 --> 01:07:26,160
Speaker 1: Patel in Parliament, Curtis heard rumors that he was going

977
01:07:26,200 --> 01:07:30,160
Speaker 1: to quit and return to the United States. She felt

978
01:07:30,200 --> 01:07:33,560
Speaker 1: sorry for him and accepted his offer of dinner, but

979
01:07:33,680 --> 01:07:37,840
Speaker 1: she soon regretted it. Patel was coming on stronger than ever.

980
01:07:38,720 --> 01:07:41,480
Speaker 1: Over a couple of glasses of wine, he was offering

981
01:07:41,600 --> 01:07:47,200
Speaker 1: further inducements. The next morning, Doctor Aisha Curtis decided to

982
01:07:47,320 --> 01:07:51,320
Speaker 1: terminate her contract early. She did not want to wait

983
01:07:51,400 --> 01:08:02,760
Speaker 1: to find out if Patel was staying or leaving. Sick

984
01:08:02,800 --> 01:08:06,360
Speaker 1: to Death is written and presented by me Headley Thomas,

985
01:08:06,520 --> 01:08:11,680
Speaker 1: the Australian's national Chief correspondent. Claire Harvey is the Australian's

986
01:08:11,840 --> 01:08:17,240
Speaker 1: editorial director, Audio editing, production and music have been done

987
01:08:17,280 --> 01:08:22,600
Speaker 1: by Jasper Leik, with assistance from Leah Sammaglu and Neil Sutherland.

988
01:08:23,080 --> 01:08:28,040
Speaker 1: Our producer is Christen Amias. Production management by Stephanie Coombs.

989
01:08:28,720 --> 01:08:34,200
Speaker 1: Artwork by Sean Callanan. Thanks to Ryan Osland, Matthew Condon,

990
01:08:34,479 --> 01:08:41,160
Speaker 1: Karina Berger, Ellie Dudley, David Murray, Dominique McDermott, Zach Sculander

991
01:08:41,479 --> 01:08:45,280
Speaker 1: and all our family, friends and colleagues who helped in

992
01:08:45,320 --> 01:08:50,120
Speaker 1: this series and contributed voice acting and special thanks to

993
01:08:50,120 --> 01:08:55,719
Speaker 1: Tony Hoffman and Rob Messinger. Subscribers to The Australian here

994
01:08:55,960 --> 01:08:59,840
Speaker 1: new episodes of Sick to Death first at Sick to

995
01:09:00,120 --> 01:09:05,160
Speaker 1: Death podcast dot com and on Apple Podcasts. You can

996
01:09:05,200 --> 01:09:10,960
Speaker 1: get exclusive access to photographs, videos, timelines and more at

997
01:09:11,000 --> 01:09:29,040
Speaker 1: the website