Injured patient to sue over op
GOLD Coast Health is facing a medical damages claim against a veteran surgeon nicknamed “Dr Lucky” who was accused of a serious botched operation.
The 71-year-old doctor, who was on a $350,000 salary, was alleged to have seriously injured a Gold Coast man during a hernia operation.
Jason Finn, 40, had groin pain when he went to see a GP. He was not diagnosed with a lump but an ultrasound suggested a small hernia.
He underwent day surgery at Robina Hospital on January 27, 2016. The operating surgeon was Dr Lakshman Kumar Jayasekera.
Mr Finn’s bladder was severely damaged during the operation.
Dr Jayasekera told the Ombudsman it was his usual practice to use blunt forceps but when he began on what he believed to be the hernia sac on the right side he used scissors.
Other surgeons and a urologist later told an investigation by the Health Ombudsman they had not encountered such damage before. The urologist said the “significant latrogenic bladder injury’’ was the worst he had seen.
The Health Ombudsman found Dr Jayasekera posed a serious risk to patients but did not need to take immediate action because he had retired, surrendering his medical registration. The case was referred to the Queensland Civil and Administrative Tribunal to be considered by the Director of Proceedings.
Attwood Marshall Lawyers personal injury specialist Jeremy Roche told the Bulletin a claim for damages against Dr Jayasekera and Robina Hospital was expected to proceed to a compulsory settlement conference next month.
“If the matter is not resolved, Attwood Marshall Lawyers will be issuing proceedings in the Supreme Court of Queensland,’’ Mr Roche said.
Referred to by colleagues as “Lucky”, Dr Jayasekera graduated from Ceylon University and had worked in Queensland since 1996, including at Bundaberg which led him to give evidence in the health inquiry and later court case of former surgeon Dr Jayant Patel.
At the investigation into Mr Finn’s operation, the Health Ombudsman was told by another surgeon: “Lucky (Dr Jayasekera) was very distressed.
“He kept saying to me ‘I’m finished, ‘I’m done’ and ‘I’m gone’.”
Dr Jayasekera could not be reached for comment yesterday.
A Gold Coast Health spokesperson yesterday said Dr Jayasekera was no longer employed by the health service.
“Gold Coast Health can confirm a claim has been made against the doctor and Robina Hospital under the Personal Injuries Proceedings Act 2002. However, the health service is unable to make further comment while legal proceedings are under way,” they said.