Controversial ‘nose blow’ doctor’s history revealed
The Opposition has accused the Health Minister of “losing control” of her department, alleging she knew of an embattled surgeon who escaped being sacked despite a long list of complaints.
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Opposition Leader David Crisafulli has accused the Queensland Health Minister of “losing control” of her department, alleging she knew of embattled Dr Daryl Stephens since last year and “didn’t do a thing about it”.
It comes after The Sunday Mail revealed the controversial surgeon’s shock history.
Dr Stephens is under urgent investigation after an alleged surgical mishap left a man critically ill – just days after the medico was suspended by a different hospital following an outrageous hygiene breach.
An explosive Sunday Mail investigation revealed Dr Stephens had been allowed to keep practising in Queensland for six years despite a growing number of complaints relating to the treatment of patients, hygiene lapses and bizarre behaviour.
Dr Stephens was suspended by Mackay Base Hospital on September 13, six days after allegedly blowing his nose on the sterile drape during surgery, but continued working at the nearby Mackay Mater Private Hospital.
On September 21, the urologist allegedly operated on a patient. Just days later on September 27 the man collapsed and was rushed back to the Mater where it is alleged he was diagnosed with internal injuries and septic shock.
It is believed the patient was in a critical condition and was transferred to the Mackay Base Hospital.
Mater officials, who say the complication is a “known risk” of surgery, have ordered an urgent independent review of all Dr Stephens’ work – including the September 21 operation – and on Thursday suspended him.
Known risks in surgery may occur irrespective of how the operation is performed.
Speaking from Queensland’s Parliament House on Sunday morning, Mr Crisafulli said cultural issues were “raging” through Queensland Health and patients had now been “caught in the crossfire”.
He said Health Minister Yvette D’Ath had been approached about Dr Stephens last year.
“There is increasingly a culture where the Minister’s public views are vastly different to what she is being briefed privately,” he said.
“In parliament nearly a year ago shadow health spokesperson Ros Bates raised the issue that is being alleged today about [Dr Stephens], directly with the minister.
“She knew, and she didn’t do a thing about it.”
Ros Bates called for Ms D’Ath to stand down or “be sacked from this portfolio today”.
“If Yvette D’Ath won’t’ stand down then Annastacia Palaszczuk should have the ticker to sack her,” she said.
“This is a Minister who knew about these allegations … lied about those allegations.
“She needs to admit that she was aware of these issues and that she did nothing.
“She needs to go and she needs to go today.”
Mr Crisafulli said current allegations against Dr Stephens were “distressing” but that the “buck stops with the minister’’.
“The fact that the government knew about them and their response was to try and cover it up and allow him to continue, shows everything that is broken with Queensland Health at the moment,” he said.
“There is a disconnection between what the Minster is being told privately and what she is saying publicly.”
The Sunday Mail revealed the latest allegations involving Dr Stephens, who engaged in professional misconduct in Western Australia but kept his job in Queensland partly because of a shortage of specialists, are the latest in a history of complaints.
The Medical Board of Australia has previously stated Dr Stephens provided “the only public urology services within a 400km radius” of Mackay.
He was suspended for 18 months on full pay from Mackay Base Hospital in July 2019 to February 2021 after multiple allegations, including a range of medical procedures with adverse outcomes, failure to scrub up properly for surgery, conducting procedures without appropriate licence and treatment of staff.
The urologist was also the subject of an external investigation ordered by the Mackay HHS and the findings were handed down in February 2021.
Thatinvestigation substantiated 18 complaints over his workplace conduct, infection control, aseptic protocols and sterilisation, but no action was taken in relation to 10 of the allegations.
Bizarrely, investigators substantiated complaints that his scrub pants would fall down in the operating theatre and that he once turned up to operate with grease stains on him after sleeping in the back of his car parked at the hospital next to a spare tyre and tools.
Dr Stephens was allowed to return to work in March 2021 but ordered to undergo special one-on-one behavioural classes and undergo training in “aseptic technique”.
However, problems have continued and the current investigation into his practise at Mackay Base Hospital is examining two separate cases of allegedly blowing his nose during an operation – once on the drape, once on a piece of medical gauze.
On both occasions he was allegedly operating unmasked. Mackay HHS looked into the claim that Dr Stephens failed to refer a two-year-old he treated for possible testicular torsion to a surgeon to treat the child’s hernia.
The allegation on the referral was substantiated. The doctor argued that the patient’s presentation was so rare no one could give a well-founded opinion on any emergency management.
The public hospital is examining allegations of inappropriate practise when using a formalin pot/biopsy tool. The doctor is alleged to have used the pot to get tissue off a biopsy tool then reintroducing it back into patient.
There is also a probe into claims he threw a lead apron into bodily fluids and did not use appropriate protective equipment when operating on a Covid positive patient.
In July 2019, the surgeon is alleged to have performed surgery wearing dirty scrubs that he had worn to sleep in his car in the hospital car park.
Co-workers said he had a big black spot of grey, dried paint on his arm that had been there for days and a black grease or oil stain.
Dr Stephens argued that most staff wear their scrubs outside the theatre, even to and from their homes.
The Sunday Mail revealed last week that one of Dr Stephens’ patients was paid compensation with a gag clause by Mackay HHS after he alleged that he suffered serious complications following a penis operation in 2019 that ultimately left him with a shortened penis.
There have been many clinical issues believed to have involved Dr Stephens, some of which include claims a foreign object was left in a patient and that he performed procedures outside the scope of his practice.
However, health authorities have refused to detail exactly what occurred or the outcome of investigations into the allegations.
In 2017, he faced allegations he performed procedures on a patient at their bedside when it should have been in an operating theatre, as well as a patient complaint to the Office of Health Ombudsman about a urology procedure.
It was also alleged that from October 2016 to March 2018 he performed laser procedures without a licence, and in 2018 he faced a complaint to the Office of Health Ombudsman about a misdiagnosis or delay in diagnosis.
Again in 2018, there was a complaint about the treatment of a kidney stone as well as a complaint from a patient about a procedure that they claimed was not necessary but caused ongoing problems.
Another patient alleged the urologist performed a procedure without appropriate consent from the patient.
The anaesthetic staff also waved a red flag over clinical conduct concerns.
The controversial urologist arrived in Mackay in 2016 while he was still the subject of a Medical Board inquiry in Western Australia which ended in a 2018 ruling that he had committed serious medical misconduct over his bungled treatment of a cancer patient.
He escaped suspension because he was needed in North Queensland.
Dr Daryl Stephens was first thrust into the spotlight in 2001 when he was charged and then jury-acquitted of wilful murder over a WA euthanasia case. The surgeon was accused of giving his terminal cancer patient, 48-year-old woman Freeda Hayes, a lethal dose of fast-acting drugs.
A Mater spokeswoman said they were not able to comment further on the matter of Dr Stephens for legal and privacy reasons.
The Mater was informed about the surgical complications on Wednesday.
“The complication is a known risk (of the surgery),’’ a Mater spokeswoman said.
“We were advised on the 28th (of September) and issued him with a letter on the 29th.’’
An independent urologist has been called in and will examine Dr Stephens’ treatment of the man and also interview the Mackay Base Hospital doctor who treated the complication.
Dr Stephens advised the Mater on September 15 that the Mackay Hospital and Health Service had suspended his employment.
A Mater spokeswoman said that privacy restrictions prevent Mater from obtaining details of the reason for this suspension from Mackay HHS. Dr Stephens advised Mater his suspension related to surgical scrubbing protocols.
Mackay HHS interim chief executive Paula Foley said the service had “responded to staff concerns and suspended the urologist” and it was up to the Australian Health Practitioner Regulation Agency to determine further steps and to communicate any restrictions on their clinical practice.
“Every patient should feel safe and respected when they receive care. We are focusing on improving communication, listening to our patients and ensuring they are part of the decision-making in their care,” she said.
An Australian Health Practitioner Regulation Agency (AHPRA) and the National Boards spokesman said that when a decision was made by the agency or others, such as a tribunal or a co-regulator, to change or restrict a practitioner’s registration, it was published on the public register.
“It is against the national law for us to comment on investigations or individual matters unless they are on the public record,” he said.
Opposition leader David Crisafulli said Queenslanders were becoming increasingly concerned the public statements of the Health Minister were at odds with what she really knew.
“The state government will never heal the Queensland health crisis until they admit their failings and accept it’s their responsibility to fix it.”
Acting Police Minister Mark Furner said Ms D’Ath was “doing her job exceptionally” and acted correctly in terms of the Mackay Hospital review and allegations against Dr Stephens.
“This is probably the best health minister that has put us through a period of time of urgency, through COVID, extreme pressure on the health system, and she is doing her job exceptionally,” he said.
Dr Stephens was contacted for comment.
HOW IT UNFOLDED
2001: Acquitted of wilful murder of his terminally ill cancer patient Freeda Hayes in WA
2014: Loses accreditation to practice at Peel Health Campus in WA, then fined $2000 for failing to report accreditation loss
2016: WA coroner examines Dr Stephens’ “treatment, management and care” of two patients in two inquest cases that found both died of natural causes
2016: Starts work at Mackay Base Hospital
2018: WA Medical Board finds he engaged in professional misconduct
June 2019: Leads surgical team that allegedly left a man with serious penis complications
June 2019: Complaint he failed to refer two year old boy who presented with a possible testicular torsion (twisting) to a surgeon to treat an inguinal hernia
July 2019: Alleged to have performed surgery wearing dirty scrubs worn to sleep in his car in hospital car park.
July 2019:Suspended from Mackay Base Hospital from July 2019 to February 2021
February 2021: External investigation ordered by the Mackay HHS finds 18 complaints substantiated over Dr Stephens. This included his scrub pants would fall down up to once a fortnight from 2017 to 2018.
March 2021: Dr Stephens returns to work but ordered to undergo special one-on-one behavioural classes and training
February 2022: Medical Board of Australia imposed conditions on Dr Stephens’ registration. Those conditions were published on the national register of practitioners from February 9 but removed by the Board in May 2022 after he had complied.
June 2022: Executives at the Mackay HHS warned in writing about ongoing hygiene concerns
September 13, 2022: Suspended from Mackay HHS six days after allegedly blowing his nose on a drape covering a patient during surgery
September 15, 2022: Dr Stephens advises Mater Private Hospital Mackay of suspension by the Mackay HHS
September 21, 2022: Dr Stephens operates on patient at the Mater Private Hospital Mackay
September 27, 2022: That patient collapses and is rushed back to hospital with alleged internal injuries and septic shock, a known risk of this surgery
September 29, 2022: Mater officials suspend Dr Stephens from practice and later order “an urgent independent review” of all his work
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