A HOSPITAL surgeon who was dismissed over his handling of the
treatment of a 73-year-old patient has lost his unfair sacking claim.
Mr Manouchehr Tehrani was sacked by Argyll and Clyde Health Board
after a lengthy investigation, including a fatal accident inquiry, into
his handling of Mrs Mary Clarke's case. She died in January 1988.
The former surgeon at Inverclyde Royal Hospital, Greenock, has already
received a stern warning from the General Medical Council for serious
professional misconduct. He was criticised for failing to attend the
hospital to treat the patient himself.
The tribunal heard Mr Tehrani had advised registrar Gordon Wishart
over the telephone to perform an exploratory operation. Mr Tehrani told
the tribunal he had wanted Mrs Clarke, who was suffering from internal
bleeding, transferred to Glasgow Royal Infirmary, because of its
specialist facilities.
The tribunal heard that the patient's condition deteriorated, and
another surgeon performed a second operation on her at Inverclyde. The
operation was technically a success but the patient died.
Mr Tehrani, from Bearsden, Glasgow, had asked the tribunal to order
his reinstatement but the health board urged it to consider the risks to
a patient should a surgeon slip up, even if only once.
A committee of inquiry had found Mr Tehrani's instruction to a junior
colleage was unjustified and unacceptable and exposed the patient to
risk. He was also found to be incapable of maintaining a reasonable
relationship with professional colleagues of the same discipline.
A plastic surgeon, Professor Gus McGrowther, who had worked with Mr
Tehrani, told the tribunal he would have no hesitation in placing
himself or members of his family under his care and he felt dismissal
was not appropriate.
The tribunal heard that Mr Tehrani, 53, had lost more than #100,000 in
earnings since his sacking four years ago.
The tribunal expressed sympathy for Mr Tehrani in its written
decision, which at one point described the dismissal as severe, but it
has ruled it was within the band of reasonable responses open to an
employer. In its findings, it said there was no conspiracy against Mr
Tehrani and the problem of relationships was not exclusive to him.
The tribunal criticised a six-month delay in informing Mr Tehrani of
the outcome of his appeal to the Secretary of State, but could not fault
the health board, which was not responsible for the procedures or
actions of the Scottish Secretary.
Mr Tehrani said he was bitterly disappointed by the tribunal's finding
and was considering with his legal advisers what further steps to take.
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