Gisborne Hospital Report - Health and Disability Commissioner

Gisborne Hospital 1999 – 2000
Operating Theatre Protocols
Compliance with theatre protocols
16.7 Despite the raft of allegations, I have found that Dr Lucas failed to comply
with theatre protocols, and breached Right 4(2) of the Code, only in relation
to his failure to dispose of sharps in an approved manner. There is no
evidence that any patient suffered harm as a consequence.
Compliance with professional standards
16.8 I have found no evidence that Dr Lucas failed to exercise reasonable care and
skill, or to comply with the professional standards expected of an
anaesthetist, during his time at Gisborne Hospital.
Minimisation of harm to patients
16.9 By his admitted re-use of syringes, Dr Lucas failed to provide services in a
manner that minimised potential harm to his patients, and thereby breached
Right 4(4) of the Code. There is no evidence of disease transmission to any
patient as a result of the re-use of a syringe.
Information disclosure and consent
16.10 Dr Lucas failed to give one female patient the information that a reasonable
patient in her circumstances would have expected to receive about the use of
ice for anaesthetic purposes prior to a surgical procedure, and therefore he
breached Right 6(1) of the Code.
16.11 Dr Lucas disregarded one patient’s specific refusal of consent to the
administration of fentanyl, and therefore he breached Right 7(7) of the Code.
16.12 Informed consent is at the heart of patients’ rights. Although there is no
evidence that Dr Lucas caused physical harm to his patients, he nonetheless
infringed their autonomy, and failed to respect their right to bodily integrity
by his actions on two separate occasions.
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