Jayant Mukundray Patel (born April 10, 1950 ) is an Indian-born American
surgeon
In modern medicine, a surgeon is a medical professional who performs surgery. Although there are different traditions in different times and places, a modern surgeon usually is also a licensed physician or received the same medical training as ...
who was accused of gross negligence whilst working at
Bundaberg Base Hospital
Bundaberg Base Hospital is the public hospital of Bundaberg, Queensland, Australia. Bundaberg Base Hospital was opened by the Governor of Queensland in 1914.
A base hospital is a regional centre that takes referrals from outlying hospitals, and ...
in
Queensland
)
, nickname = Sunshine State
, image_map = Queensland in Australia.svg
, map_caption = Location of Queensland in Australia
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, established_ ...
, Australia. Deaths of some of Patel's patients led to widespread publicity in 2005. In June 2010, he was convicted of three counts of
manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th cen ...
and one case of
grievous bodily harm
Grievous bodily harm (often abbreviated to GBH) is a term used in English criminal law to describe the severest forms of battery. It refers to two offences that are created by sections 18 and 20 of the Offences against the Person Act 1861. The ...
, and sentenced to seven years' imprisonment.
[.] In August 2012, all convictions were quashed by the full bench of the
High Court of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution.
The High Court was established fol ...
and a retrial was ordered due to "highly emotive and prejudicial evidence that was irrelevant to the case" laid before the jury.
[.] A retrial for one of the manslaughter counts resulted in
acquittal
In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the ...
and led to a
plea deal
A plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or ''nolo contendere.'' This may mean that the defendant ...
where Patel pleaded guilty to
fraud
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compens ...
and the remaining charges were dropped. On May 15, 2015, he was barred from practising medicine in Australia.
Early life and education
Jayant Patel was born in
Jamnagar
Jamnagar () is a city located on the western coast of India in the state of Gujarat of Saurashtra (region), Saurashtra region. It is the administrative headquarters of the Jamnagar district and the fifth largest city in Gujarat. The city lies ...
in the Indian state of
Gujarat
Gujarat (, ) is a state along the western coast of India. Its coastline of about is the longest in the country, most of which lies on the Kathiawar peninsula. Gujarat is the fifth-largest Indian state by area, covering some ; and the ninth ...
.
Initially, he studied surgery at the
M. P. Shah Medical College
Shri M. P. Shah Government Medical College (also known as M. P. Shah Medical College) is a public medical college in Jamnagar, Gujarat, India. It is associated with the Guru Gobindsingh Hospitals, the second largest hospital complex in the ...
at the
Saurashtra University
Saurashtra University is a university in Gujarat state in India. This university was established on 23 May 1967, in Rajkot city, and the administrative headquarters are at Rajkot
Rajkot () is the fourth-largest city in the Indian state ...
, obtaining a
master's degree
A master's degree (from Latin ) is an academic degree awarded by universities or colleges upon completion of a course of study demonstrating mastery or a high-order overview of a specific field of study or area of professional practice. . He then moved to the United States where he received further surgical training at the
University of Rochester School of Medicine
A university () is an institution of higher (or tertiary) education and research which awards academic degrees in several academic disciplines. Universities typically offer both undergraduate and postgraduate programs. In the United States, th ...
as a surgical intern and a resident in surgery.
Career
Buffalo, New York, US
In 1984 in
Buffalo,
New York
New York most commonly refers to:
* New York City, the most populous city in the United States, located in the state of New York
* New York (state), a state in the northeastern United States
New York may also refer to:
Film and television
* '' ...
, health officials cited Patel for failing to examine patients before surgery.
He was fined
US$
The United States dollar (symbol: $; code: USD; also abbreviated US$ or U.S. Dollar, to distinguish it from other dollar-denominated currencies; referred to as the dollar, U.S. dollar, American dollar, or colloquially buck) is the official ...
5,000 and was placed on three years' clinical probation.
In April 2001, New York State health officials withdrew Patel's license.
Portland, Oregon, US
In 1989, Patel moved to the
Kaiser Permanente
Kaiser Permanente (; KP), commonly known simply as Kaiser, is an American integrated managed care consortium, based in Oakland, California, United States, founded in 1945 by industrialist Henry J. Kaiser and physician Sidney Garfield. Kaiser P ...
Hospital in
Portland
Portland most commonly refers to:
* Portland, Oregon, the largest city in the state of Oregon, in the Pacific Northwest region of the United States
* Portland, Maine, the largest city in the state of Maine, in the New England region of the northeas ...
,
Oregon
Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...
. In 1995, the hospital named him a "Distinguished Physician of the Year." By this time, Patel had been involved in a string of problem cases, eight of which had prompted or would later lead to
malpractice
In the law of torts, malpractice, also known as professional negligence, is an "instance of negligence or incompetence on the part of a professional".Malpractice definition,
Professionals who may become the subject of malpractice actions inc ...
or
wrongful death
Wrongful death claim is a claim against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. In wrongful death cases, survivors are compensated for the harm, l ...
lawsuits. Medical staff allege he performed surgery when not rostered to work, operated on other surgeons' patients, operated unnecessarily and caused serious injury and death. In 1998, Kaiser Permanente restricted Patel's practice; he was instructed not to operate on the
liver
The liver is a major Organ (anatomy), organ only found in vertebrates which performs many essential biological functions such as detoxification of the organism, and the Protein biosynthesis, synthesis of proteins and biochemicals necessary for ...
or
pancreas
The pancreas is an organ of the digestive system and endocrine system of vertebrates. In humans, it is located in the abdomen behind the stomach and functions as a gland. The pancreas is a mixed or heterocrine gland, i.e. it has both an end ...
and to seek second opinions before performing other surgeries. In September 2000, after reviewing four cases involving the deaths of three patients, the Oregon Board of Medical Examiners made Patel's restriction statewide. Even though his medical license had been restricted, Patel still received glowing letters of recommendation from his colleagues at Kaiser Permanente.
Bundaberg, Queensland, Australia
In 2003, Patel moved to the position of Director of Surgery at the
Bundaberg Base Hospital
Bundaberg Base Hospital is the public hospital of Bundaberg, Queensland, Australia. Bundaberg Base Hospital was opened by the Governor of Queensland in 1914.
A base hospital is a regional centre that takes referrals from outlying hospitals, and ...
, where he was employed by
Queensland Health
Queensland Health is the name of the overall public health service in the state of Queensland, Australia. Like all other states and territories in Australia, the Queensland Government provides low- or no-cost primary, secondary, and tertiary ...
under an "area of need" program where overseas trained doctors are employed in predominantly regional understaffed areas. He was appointed despite having no specialist surgical qualifications.
Practice in Bundaberg
Inadequacies in Patel's practice were identified. His surgery was described as "antiquated" and "sloppy". Nurses claimed they hid their patients from him when they knew he was in the hospital. He showed poor regard for hygiene. He attracted the nickname "Dr. Death". It is alleged he altered medical records, including death certificates, to hide his inadequacies.
Patel is linked to at least 87 deaths among the 1,202 patients he treated between 2003 and early 2005. Thirty patients died while under his care in Bundaberg.
On March 22, 2005,
Stuart Copeland
Stuart William Copeland (born 19 January 1968) is an Australian politician. He was a National/ Liberal National from 2001 to 2009, representing the district of Cunningham.
Political career
Copeland won preselection to contest the state sea ...
, the Queensland
Shadow Minister for Health, raised the issue of Patel's clinical practice during
question time
A question time in a parliament occurs when members of the parliament ask questions of government ministers (including the prime minister), which they are obliged to answer. It usually occurs daily while parliament is sitting, though it can be ca ...
in
Queensland Parliament
The Parliament of Queensland is the legislature of Queensland, Australia. As provided under the Constitution of Queensland, the Parliament consists of the Monarch of Australia and the Legislative Assembly. It has been the only unicameral s ...
. Copeland had been alerted to Patel's inadequacies by
Toni Hoffman
Toni Ellen Hoffman (born 9 July 1957)''Who's Who in Australia'', ConnectWeb. is a senior nurse who was made a Member of the Order of Australia and awarded the 2006 Australian of the Year List of Australian Local Hero Award recipients, Local Hero ...
, a nurse at the Bundaberg Base Hospital. Two days later,
Rob Messenger
Robert Desmond Messenger (born 26 October 1962) is an Australian politician. He was a member of the Legislative Assembly of Queensland representing the Electoral district of Burnett. Originally a member of the Queensland branch of the National ...
, the
National Party MP for
Burnett, also raised the matter in a speech to the
Legislative Assembly and called for Patel's suspension. After
Hedley Thomas
Hedley Thomas is an Australian investigative journalist and author, who has won seven Walkley Awards, two of which are Gold Walkleys.
Personal life
Thomas is married and lives in Brisbane. He has two children. In 2002 Thomas and his family we ...
, a journalist at the
Brisbane
Brisbane ( ) is the capital and most populous city of the states and territories of Australia, Australian state of Queensland, and the list of cities in Australia by population, third-most populous city in Australia and Oceania, with a populati ...
''
Courier-Mail
''The Courier-Mail'' is an Australian newspaper published in Brisbane. Owned by News Corp Australia, it is published daily from Monday to Saturday in tabloid format. Its editorial offices are located at Bowen Hills, in Brisbane's inner norther ...
'', published reports about Patel, the newspaper and other media outlets were flooded with claims of patients' injury or death caused by Patel's operations.
On April 2, 2005, Patel departed Australia for Portland using a business-class airfare paid for by Queensland Health. His passport had not been withheld.
On November 22, 2006, a magistrate issued a warrant for Patel's arrest and extradition to Australia. He was charged with three charges of manslaughter, five charges of causing grievous bodily harm, four of negligent acts causing harm and eight charges of fraud. He was extradited to Australia on July 21, 2008.
Morris Inquiry
In response to public discontent over Patel's performance at Bundaberg Base Hospital, the
Beattie Government
The Beattie Ministry was a Ministry of the Government of Queensland, led by Labor Premier Peter Beattie. It commenced on 26 June 1998, thirteen days after the Borbidge Ministry, led by Premier Rob Borbidge of the National Party, was defeated at ...
convened the "Bundaberg Hospital Commission of Inquiry". The Inquiry held similar judicial powers to a
Royal Commission, and commenced hearings in Brisbane on May 23, 2005. It was led by Anthony Morris, a
Queen's Counsel
In the United Kingdom and in some Commonwealth of Nations, Commonwealth countries, a King's Counsel (Post-nominal letters, post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of ...
.
On June 10, Morris released an interim report that was tabled on the same day in State Parliament by Premier
Beattie. The report recommended, among other things, that Patel be charged with
murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
or
manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th cen ...
in respect to one patient, with causing "a
negligent
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a ...
act causing harm" to another patient, that he also be charged with
fraud
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compens ...
in relation to his registration at the Medical Board of Queensland to practice medicine and that
extradition
Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdict ...
proceedings should begin. It also recommended changes to the ''Medical Practitioners Registration Act 2001''.
The Morris Inquiry began hearings in Bundaberg on June 20. Nurses, local Queensland Health administrators and former patients of Patel were all expected to give evidence. Public hearings in Bundaberg concluded on July 14. The Inquiry resumed public hearings in Brisbane on July 25 and also sat in
Townsville
Townsville is a city on the north-eastern coast of Queensland, Australia. With a population of 180,820 as of June 2018, it is the largest settlement in North Queensland; it is unofficially considered its capital. Estimated resident population, 3 ...
from August 2 to 4.
During the course of the Morris Inquiry, two senior Queensland Health bureaucrats in the Bundaberg region, Darren Keating and Peter Leck, filed an application in the
Supreme Court of Queensland
The Supreme Court of Queensland is the highest court in the Australian State of Queensland. It was formerly the Brisbane Supreme Court, in the colony of Queensland.
The original jurisdiction of the Supreme Court allows its trial division to he ...
calling for the inquiry to be shut down, alleging that Morris had shown apprehended bias against them. On September 1, Justice Martin Moynihan of the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
ruled in favor of the applicants, finding that the Commission of Inquiry was contaminated with ostensible bias against Keating and Leck, and that evidence gathered from other witnesses was entangled with the evidence given by Keating and Leck.
Davies Inquiry
The new inquiry began on September 8, 2005, and was headed by former Supreme Court of Queensland judge Justice Geoffrey Davies QC. This inquiry, formally titled the ''
Queensland Public Hospitals Commission of Inquiry
The Queensland Public Hospitals Commission of Inquiry, often referred to as the Davies Commission, was an inquiry into public hospitals in Queensland, Australia. The inquiry was headed by The Honourable Geoffrey Davies AO QC, a former Supreme Cou ...
'', was widely known as the Davies Inquiry.
The report of the Davies Inquiry was handed down on November 30, 2005. It recommended that charges of manslaughter and other criminal offenses be prosecuted against Patel.
The report also apportioned much of the blame to two former Health Ministers,
Gordon Nuttall and
Wendy Edmond, as well as senior Queensland Health bureaucrats for allowing the existence of an organizational culture of secrecy and ostracizing of
whistleblower
A whistleblower (also written as whistle-blower or whistle blower) is a person, often an employee, who reveals information about activity within a private or public organization that is deemed illegal, immoral, illicit, unsafe or fraudulent. Whi ...
s that allowed Patel's misdeeds to go unpunished for two years.
An independent surgeon, Peter Woodruff, who was asked by Justice Davies to examine Patel's work believes that Patel negligently caused 13 deaths, and serious complications suffered by at least 31 others.
Forster Inquiry
The
Forster Inquiry, also known as the Queensland Health Systems Review, was commissioned by the Queensland Government on April 16, 2005, as a non-judicial inquiry specifically due to the political and public sentiments following the practices of Patel at Bundaberg Hospital with a broader focus on the practices, systems and processes of Queensland Health. Its report was issued in September 2005.
Legal proceedings
Extradition
Patel was arrested in Portland, Oregon, on March 11, 2008, by
FBI
The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and its principal Federal law enforcement in the United States, federal law enforcement age ...
agents. He appeared in court that day with a court-appointed attorney, telling Federal Magistrate Dennis Hubel that he was unable to afford a lawyer, after incurring significant pre-trial legal fees. In response, the Magistrate ordered Patel, who lived in a $900,000 house, to fill out a financial affidavit before an upcoming detention hearing. Following his arrest,
Toni Hoffman
Toni Ellen Hoffman (born 9 July 1957)''Who's Who in Australia'', ConnectWeb. is a senior nurse who was made a Member of the Order of Australia and awarded the 2006 Australian of the Year List of Australian Local Hero Award recipients, Local Hero ...
, the nurse who took her complaints about Patel to a member of the
Parliament of Australia
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislature, legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the ...
, said that "I am relieved he's been arrested, but there's still a lot to go." Patel denied the allegations. The extradition proceeding against Patel began in April 2008. Patel was denied bail by Judge Hebel on June 28, 2008, with the judge warning Australian and US authorities that they must extradite Patel by July 21, 2008, or he would release Patel on bail.
Patel was extradited:
U.S. Marshals
The United States Marshals Service (USMS) is a federal law enforcement agency in the United States. The USMS is a bureau within the U.S. Department of Justice, operating under the direction of the Attorney General, but serves as the enforce ...
handed Patel over to two officers from the
Queensland Police Service
The Queensland Police Service (QPS) is the principal law enforcement agency responsible for policing the Australian state of Queensland. In 1990, the Queensland Police Force was officially renamed the Queensland Police Service and the old motto ...
at
Los Angeles International Airport
Los Angeles International Airport , commonly referred to as LAX (with each letter pronounced individually), is the primary international airport serving Los Angeles, California and its surrounding metropolitan area. LAX is located in the W ...
on July 19, who then escorted him onboard
Qantas
Qantas Airways Limited ( ) is the flag carrier of Australia and the country's largest airline by fleet size, international flights, and international destinations. It is the world's third-oldest airline still in operation, having been founded ...
flight QF 176. The flight arrived at
Brisbane Airport
Brisbane Airport is the primary international airport serving Brisbane and South East Queensland. The airport services 31 airlines flying to 50 domestic and 29 international destinations, in total amounting to more than 22.7 million passeng ...
on the morning of July 21. Patel was taken immediately to the Brisbane watch-house and was granted bail by the Roma Street Magistrates Court the same day.
Trial
Patel was tried in the Queensland Supreme Court for the
unlawful killing
In English law, unlawful killing is a verdict that can be returned by an inquest in England and Wales when someone has been killed by one or more unknown persons. The verdict means that the killing was done without lawful excuse and in breach of ...
of three patients and
grievous bodily harm
Grievous bodily harm (often abbreviated to GBH) is a term used in English criminal law to describe the severest forms of battery. It refers to two offences that are created by sections 18 and 20 of the Offences against the Person Act 1861. The ...
to a fourth. He pleaded not guilty to all charges.
On June 29, 2010, Jayant Patel was found guilty of all four charges. On July 1, he was sentenced to seven years in jail for his offences.
Patel appealed his conviction and sentence to the Court of Appeal and the
prosecution
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial ...
also appealed sentence. Both appeals were dismissed.
Appeal to High Court
Patel then appealed the Court of Appeal's decision to the
High Court of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution.
The High Court was established fol ...
and was granted special leave to appeal. On August 24, 2012, the High Court unanimously allowed the appeal and quashed Patel's convictions on the ground that prejudicial evidence had likely influenced the jury. Patel argued that by the time prosecutors admitted 43 days into the trial that they could not prove Patel was guilty of incompetence, the jury had already heard testimony and evidence about his unusual behavior.
The High Court granted Patel a
new trial
A new trial or retrial is a recurrence of a court case. A new trial may potentially be ordered for some or all of the matters at issue in the original trial. Depending upon the rules of the jurisdiction and the decision of the court that ordered ...
.
Retrial
The following year, a retrial was held for one of the manslaughter charges, and Patel was acquitted by the jury. This resulted in calls to have the remaining charges against Patel dropped. The remaining manslaughter and grievous bodily harm charges were later dropped in exchange for Patel pleading guilty to two counts related to him dishonestly gaining registration and two counts related to dishonestly gaining employment in Queensland.
Patel was sentenced to a two-year suspended sentence for those fraud charges.
Aftermath
In a television documentary on the case aired by
CNN
CNN (Cable News Network) is a multinational cable news channel headquartered in Atlanta, Georgia, U.S. Founded in 1980 by American media proprietor Ted Turner and Reese Schonfeld as a 24-hour cable news channel, and presently owned by the M ...
in November 2010 as part of its "World's Untold Stories" series and entitled "They Called Him 'Dr. Death'", several of Patel's medical co-workers in Australia testified to having repeatedly blown a whistle on him only to be ignored by medical superiors and other authorities. Questions were also raised about the lack of due diligence by those involved in his appointment.
In response to the case, Peter Beattie fired the Director General,
Robert Stable and changes were made to funding, the operations of the medical board, and the procedures for handling concerns raised by whistle blowers.
On May 15, 2015, the
Queensland Civil and Administrative Tribunal
The Queensland Civil and Administrative Tribunal (QCAT) is statutory organisation responsible for reviewing administrative law decisions of some Queensland Government departments and agencies, and also adjudicating some civil law disputes. The t ...
banned Patel from ever practising medicine in Australia again. The tribunal upheld the
Australian Health Practitioner Regulation Agency
The Australian Health Practitioner Regulation Agency (AHPRA), infrequently spelt as the Australian Health Practitioners Regulation Agency is a statutory authority founded in 2010 which is responsible, in collaboration with the ''Medical Board of ...
's contentions that Patel deceived authorities into granting him a medical licence, concealed matters related to his fitness to be a doctor, and performed surgeries that he knew he could not competently perform.
[''Medical Board of Australia v Patel']
[2015
/nowiki>_QCAT_133.html" ;"title="015">[2015
/nowiki> QCAT 133">015">[2015
/nowiki> QCAT 133 Queensland Civil and Administrative Tribunal
The Queensland Civil and Administrative Tribunal (QCAT) is statutory organisation responsible for reviewing administrative law decisions of some Queensland Government departments and agencies, and also adjudicating some civil law disputes. The t ...
.
See also
* Christopher Duntsch
* Harold Shipman
* Ben Geen
References
External links
'Six-Point Action Plan' to deal with biased evidence gathered by Morris InquiryPortland ''Oregonian'' coverage (includes copies of documents)Australia's 'Doctor Death'Davies Inquiry website– includes terms of reference and transcripts of public sittings (temporary disabled due to current legal proceedings)
Queensland Government press release announcing Davies InquiryOpen letter from Peter Beattie
{{DEFAULTSORT:Patel, Jayant
Indian emigrants to the United States
University of Rochester alumni
American emigrants to Australia
Physicians from Oregon
20th-century Indian medical doctors
Medical malpractice
American people of Gujarati descent
Living people
1950 births
People extradited from the United States
People extradited to Australia
Prisoners and detainees of Queensland
American people convicted of manslaughter
American people of Indian descent in health professions
Australian surgeons
People from Jamnagar
Medical doctors from Gujarat
20th-century surgeons
American people convicted of fraud
People acquitted of manslaughter