SA Health ordered to release documents relating to Claus Burg’s cancer misdiagnosis
The State Ombudsman has ruled that SA Health must release documents relating to a cancer bungle that resulted in the death of Claus Burg last year.
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- Death of Claus Burg referred to State Coroner for investigation
- Missed cancer diagnosis leaves Claus Burg with only a year to live
- Claus and Lynda Burg have spent 46 years together, but a cancer misdiagnosis has left them reeling — and fighting for justice
SA Health has been ordered to hand over medical documents to the wife of a northern suburbs man who died following a cancer misdiagnosis – fourteen months after his family began its battle to access the records.
It comes as the department and Health Minister Stephen Wade are slammed for “ignoring” orders made by the SA Ombudsman to release health documents requested via Freedom of Information.
The Opposition says it has been waiting up to six months for SA Health and the Minister to release documents pertaining to 16 separate FOI requests that Ombudsman Wayne Lines has ruled should be handed over.
Mr Lines, who has described Government delays in releasing material as “poor form”, is calling for changes to the FOI Act to make his determinations enforceable.
Lynda Burg, of Brahma Lodge, says she is pleased Mr Lines this month ordered SA Health to release hundreds of pages of documents relating to her husband Claus’ cancer misdiagnosis.
She is now awaiting the arrival of the records.
Mr Burg, 70, sought information in June last year through FOI in relation to the mishandling of his diagnosis.
The 70-year-old died three months later after a 10-year battle against cancer.
He had been given the all-clear in 2017 but a tiny spot, which was visible on some scans, was overlooked by medical experts and grew to become terminal stomach cancer.
An internal investigation into the Queen Elizabeth Hospital’s medical oncology and SA Medical Imaging found the cancer should have been detected earlier.
Central Adelaide Local Health Network chief executive Lesley Dwyer apologised for the bungle.
Mrs Burg continued to fight for the information her husband requested, which included all files, reports, notes, emails, investigations and documents held by the Central Adelaide Local Health Network relating to Mr Burg.
She said she hoped the documents would shed further light on Mr Burg’s case and reveal if anything had been done to prevent similar bungles in the future.
“I’m happy about it because all my husband wanted was for the system to be fixed,” she said.
Mr Burg’s son Tony, 34, said it was “pretty poor on their behalf for not handing (the documents) straight over.”
“I think they know that they’re in trouble and I think they’ll do whatever they need to do to slow the process down, to maybe prepare themselves better,” he said.
Mr Lines said SA Health provided “no good reasoning” for refusing to release the information.
“Maybe they did have some genuine concerns about the sensitivity of the material but really this is a serious situation of a misdiagnosis and it could have had impacts for the wider public,” he said.
“I would have thought that a government department would be very keen to be as transparent as possible about that.”
Opposition spokesman Blair Boyer, who assisted the Burgs with their FOI application, said the reluctance of SA Health to release the information “smells like nothing short of a cover up”.
“Claus’ wife Lynda has not only been left to deal with the grief of losing her husband but also to suffer the ignominy of being denied access to documents about why he died and whether steps have been taken to ensure it never happens again,” he said.
“(Health Minister) Stephen Wade owes, at the very least, a personal apology to Lynda Burg for the 14 months, and counting, it has taken so far for these documents to be released.”
SA Health has been contacted for comment but has not yet responded.