Lawsuit alleges plastic surgeon Dr Clayton Lang, who died in the Kangaroo Island bushfire, was under medical investigation
Adelaide plastic surgeon Dr Clayton Lang died fighting the Kangaroo Island bushfire – but now his professionalism has been attacked in a posthumous $700,000 lawsuit from a former business partner.
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The former business partner of a plastic surgeon who died fighting the Kangaroo Island bushfire has filed a lawsuit, seeking $700,000 of the dead man’s estate.
In Supreme Court documents, surgeon Markus Nikitins has asserted Dr Clayton Lang was under investigation for the unlawful prescription and inappropriate procurement of narcotics.
He has further asserted Dr Lang undertook procedures “while in an impaired physical and mental condition” that suggested he was “under the influence of alcohol or narcotics or both”.
The allegations are disputed and will be defended, a lawyer representing one defendant has indicated.
Mr Nikitins has asked the court to order Dr Lang’s mother, Helen, and former wife, Dr Christie Moule, reimburse the money he spent to keep the business operational.
He asserts Dr Lang repeatedly breached their business agreement by failing to financially support their partnership and by being “unprofessional, unkempt, dishevelled, unreliable and irregular”.
“Clayton was the subject of an ongoing investigation by the Australian Health Practitioner Regulation Agency,” he asserts.
“(That) related to the unlawful prescribing, by Clayton, to a friend of the drug endone, which is a narcotic normally prescribed for the alleviation of moderate or severe pain.
“(It related also to) the inappropriate procuring by him of endone by having Moule unlawfully prescribe the drug to him.
“On August 28, 2019 (he) conducted day surgery activities, including surgery on patients, when he was observed to be in an impaired physical and mental condition.
“(This) was of concern to the medical staff who worked with him on the day and led such staff to the conclusion Clayton was or may have been under the influence of alcohol or narcotics or both.”
Dr Lang, 43, was one of Adelaide’s leading plastic and reconstructive surgeons, specialising in hand surgery.
The father of two was senior staff specialist at the Queen Elizabeth Hospital and shared a private consultancy, Dextra Surgical, with Mr Nikitins on South Terrace.
Dr Lang died alongside his father – famed bush pilot “Desert” Dick Lang – in January on the Playford Highway at Gosse, Kangaroo Island.
The duo had been helping to fight the bushfire that destroyed more than 150,000 hectares of the island.
In his statement of claim, Mr Nikitins says the duo formed Dextra when they signed a business agreement alongside a third surgeon, Randall Sach, in 2015.
Mr Sach – a Member of the Order of Australia and the long-time partner of Adelaide media personality Jane Reilly – resigned from the partnership in 2017.
Mr Nikitins asserts the agreement required him and Dr Lang to be “just and faithful” with one another and “devote all necessary time and attention” to their business.
Dr Lang breached that, he asserts, through the AHPRA investigation, his behaviour in August 2019 and repeated failures to attend partner meetings and staff functions.
“Clayton’s attendances at the day surgery were unreliable and irregular and, from time to time, he cancelled attendances at late notice or otherwise attended late or not at all,” he asserts.
“His appearance and demeanour was, on a number of occasions, unprofessional, unkempt and dishevelled.
“He drew an equal share of the profits of the partnership but failed to contribute an equal share of expenses.
Mr Nikitins asserts the partnership was dissolved in December 2019 and, since then, he has paid all expenses – including wages and rent – for the still-ongoing business.
He asks the court to award him damages, payable from Dr Lang’s estate, to compensate the financial losses he has suffered.
Dr Moule’s counsel, Rob Kennett, told The Advertiser both his client and Mrs Lang would defend the claims.
“Mrs Lang does not yet have approval from the court to respond to these proceedings, owing to the complexities of probate (for deceased wills),” he said.
“That’s why there has not yet been a defence filed … we expect the situation will be remedied very soon.
“Once it is, defences will be filed disputing these allegations.”