Ministry of Health investigates Southland urologist

The Ministry of Health recommends former patients of Invercargill-based urologist, Sajan Bhatia treated after February 2007 have their care reviewed by their GP.

The Ministry of Health is investigating claims Dr Bhatia practised medicine this year after his practising certificate was not renewed in December 2008.

A current practising certificate is a legal requirement to practise medicine in New Zealand.

The Medical Council did not renew Dr Bhatia’s Annual Practising Certificate in December 2008, as a result of his lack of compliance with his conditions of practise.

These conditions followed findings of misconduct by the Health Practitioners Disciplinary Tribunal and Medical Council findings that Dr Bhatia failed to meet the standard of competence required in his practice.

Dr Bhatia is considered to have continued practising medicine without legal authority after this time.

A number of Dr Bhatia’s former patients have already been reviewed, but privacy restrictions prevent the Ministry from obtaining complete patient lists at this time. To date Dr Bhatia has not provided patient lists in response to requests.

Former patients treated by Dr Bhatia since February 2007 are recommended to have their care reviewed by their GP. Any patients requiring further treatment will be referred on to the appropriate services.

The outcome of both the Ministry of Health and Medical Council’s investigations may result in legal or disciplinary action against Dr Bhatia.

The review of individual patient’s care by GPs will be confidential and will not be shared with the Ministry of Health or the Medical Council.

The Ministry and Medical Council investigations will not provide a clear picture of the impact on patients due to Dr Bhatia’s failure to consistently meet conditions placed on his practice, or from practising without legal authority.

A freephone has been established for any former patients who do not have a GP. The number is 0800 524 524.


ENDS

BACKGROUND INFORMATION

Patient Safety
Why is the Ministry of Health concerned with Dr Bhatia’s former practice?
In February 2007 the Medical Council imposed conditions on Dr Bhatia which he needed to fulfill in order to continue to practise medicine. Dr Bhatia did not demonstrate to the Medical Council that these conditions were satisfactorily met.

In December 2008 Dr Bhatia’s Annual Practising Certificate was not renewed by the Medical Council. Since then Dr Bhatia has not been allowed to practise medicine in New Zealand.

The Ministry of Health is concerned that the public cannot have confidence in the standard of care provided by Dr Bhatia after February 2007.

If I am a former patient of Dr Bhatia’s what should I do?
If you have been treated by Dr Bhatia since February 2007, the Ministry of Health and the Medical Council recommend that your care be reviewed.

To arrange this, please contact your GP or if you do not have a GP, call 0800 524 524.

All Southland and Otago GPs have been contacted and are aware of the background with Dr Bhatia. They will ensure you receive appropriate medical review and advice.

Why should I be concerned about my treatment by Dr Bhatia?
Dr Bhatia continued to treat a number of patients after conditions were placed on his practice. The purpose of these conditions was to ensure patient safety, and Dr Bhatia did not demonstrate to the Medical Council that these conditions were satisfactorily met.

Dr Bhatia also treated patients after December 2008 when his practising certificate was not renewed.

The Ministry of Health and Medical Council recommend that any patients treated by Dr Bhatia after February 2007 should have their care reviewed.

I’m a former patient of Dr Bhatia’s but I feel fine. Do I still need to see my GP or call the 0800 number?
Yes. The Ministry of Health and the Medical Council recommend all former patients of Dr Bhatia who were seen after February 2007 should have their care reviewed. Please contact your GP or if you do not have a GP call 0800 524 524.

As a patient I saw Dr Bhatia in his rooms on Dee Street, Invercargill before February 2007. Should I get in touch with my GP as well?
Prior to February 2007 Dr Bhatia was practising with the appropriate legal authority. The recommendation for a review of care applies to any patients who saw Dr Bhatia after February 2007. These patients should contact their GP or if you do not have a GP call 0800 524 524.

I visited Dr Bhatia privately, so why am I meant to contact my GP?
GPs are assisting the Ministry of Health and the Medical Council by ensuring that the health needs of Dr Bhatia’s patients continue to be identified and met.

If I go to the GP to have my care reviewed, will I have to cover the costs myself?
You will need to pay for the cost of the GP visit. If you have concerns about your ability to pay please discuss these concerns with your GP.

What will happen as a result of the Ministry’s investigations?
At the end of this investigation the Ministry of Health will be able to determine whether Dr Bhatia was practising within the law.

The investigation will not determine whether or not any patients received an appropriate standard of care. The results of any individual health reviews will not be shared with health authorities.

Proceedings against Dr Bhatia
What is the nature of the conditions placed on Dr Bhatia’s practice?

In February 2007 the Health Practitioners Disciplinary Tribunal found Dr Bhatia guilty of professional misconduct based on his treatment of a Southland woman in 2004.

In response to this finding, the Medical Council applied conditions to Dr Bhatia’s medical practice, including regular peer reviews, an audit of his patient outcomes, and a requirement that he work under the supervision of another urologist.
Dr Bhatia was not able to demonstrate to the Medical Council that these conditions were satisfactorily met and in December 2008 the Medical Council did not renew his annual practising certificate. This meant that Dr Bhatia is not able to practise medicine in New Zealand until his certificate is renewed.

Why was there a delay between the time Dr Bhatia had conditions put on his practice and the time his practising certificate was not renewed?
The Medical Council believed that these conditions were well understood by Dr Bhatia and that as a professional he would comply with these legal requirements.

The Council actively monitored Dr Bhatia from February 2007 and when it was established that he was not complying with the required practising conditions, his application to renew his Annual Practising Cerificate was declined in December 2008.

Who is taking action against Dr Bhatia?
The Medical Council is considering further disciplinary proceedings against Dr Bhatia and the Ministry of Health is investigating Dr Bhatia for possible breaches of the legal requirements to practise medicine.

Why isn’t the Ministry of Health and the Medical Council contacting affected patients directly?
Dr Bhatia was practising privately in December 2008 when his Annual Practising Certificate was not renewed. Some health records of Dr Bhatia’s patients have been obtained from Southern Cross Healthcare in Invercargill and these patients have been contacted and offered a review of their care.

Dr Bhatia has been asked to provide a full list of patients treated since February 2007 but this have not yet been provided.

Dr Bhatia’s patient list is being sought so his patients’ care can be reviewed and a check made that they received an appropriate standard of care.

The health records will also be considered as part of the Ministry of Health investigation into possible breaches of the legal requirements for practising medicine.

Will my health records remain confidential?
Your health records are confidential and will remain so. Access to the records is strictly controlled and only for the purpose of legal investigation. The Ministry of Health is seeking to obtain patient lists as part of its investigation of Dr Bhatia and to ensure patients are contacted and informed of the recommendation to have their care reviewed.

Have there been complaints about Dr Bhatia to the Medical Council, Ministry of Health, Southland DHB or the Health and Disability Commissioner?
To date, there has been one complaint to the Health and Disability Commissioner.

Do these proceedings against Dr Bhatia affect his role as a board member of Southland DHB?
The Medical Council and Ministry of Health proceedings are unrelated.

Dr Bhatia says that he was not told he was suspended by the Council - is this correct?
The Council wrote to Dr Bhatia on 10 December 2008 stating that he was not permitted to practise medicine any longer. This letter was delivered by CourierPost to Dr Bhatia's registered address at 385 Dee Street, Invercargill and signed for at 1.42 pm on 12 December 2008 by someone at Dr Bhatia's registered address.

Is Dr Bhatia still practising medicine?
Dr Bhatia cannot legally practise medicine without a current Annual Practising Certificate. Dr Bhatia has closed his practice and his consulting rooms on Dee Street in Invercargill have been sold.

If I would like to speak to a patient advocate, who can I contact?
The Health and Disability advocate can be contacted on (03) 21 40415 or call 0800 55 50 50. This is an independent free service.