Surgeon accused of dropping his pants in theatre wins legal stoush
A high-flying Queensland surgeon who claims he lost more than $2.3m when he was suspended from practice after nine surgical colleagues slammed him in damning statements tendered in state parliament, has won his legal fight with Metro North Hospital and Health Service.
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A high-flying Queensland surgeon who claims he lost more than $2.3m when he was suspended from practice after he was accused of dropping his pants in the operating theatre to get measured for a new suit among other allegations, has won his legal fight with Metro North Hospital and Health Service (Metro North).
New legal woes for ‘pants down’ surgeon William Braun
Court documents reveal the accusations levelled against Queensland surgeon
Surgeon who dropped pants ‘previously suspended’
In the Supreme Court in Brisbane today Justice Frances Williams ruled that Metro North hospital executive Elizabeth Rushbrook’s decision to suspend William Vasily Braun, 45, a weight-loss surgeon who lives in the Brisbane suburb of Hamilton, from his job last year was “of no force or effect” because he had been denied natural justice.
Dr Braun has been suspended on full pay since February 27 last year.
As part of his case Dr Braun’s legal team relied on the success of another civil suit against Metro North brought by cardiologist Darren Walters who was also suspended by medical executives.
That decision is now being appealed.
Dr Braun’s suspension came the day after nine surgical colleagues - including four top surgeons and a couple of trainees - slammed him in damning statements tendered in state parliament calling him a sociopath, a bully and a danger to his patients who is accused of sexually harassing his colleagues and “clinical incompetence”.
Dr Braun was accused of asking a medical sales rep for oral sex while they were in the operating theatre with another nurse present, and alleged to have told the sales rep she “knew what she had to do if he wanted to improve her business”.
Dr Braun submitted that the medical sales rep “herself regarded the allegations as baseless”.
Dr Braun has been told he can’t come back to work until an investigation into his alleged behaviour and alleged patient treatment by the Office of the Health Ombudsman is completed, the court heard.
Dr Braun argues his suspension by Metro North automatically barred him from his lucrative private work at North-West Private Hospital and seeing private patients as a “visiting medical officer” at Redcliffe hospital.
Between February 2019 and February 2020 Dr Braun submits he has lost $2.3m in “professional fees” from being unable to work in private practice.
Dr Braun argued during the hearing earlier this year that he had never been given the opportunity to respond to the allegations which triggered his suspension which has had “very serious and dramatic effects” on his income and reputation.
He submitted that seven of the complaints made against him in parliament had been made before, and investigations found they were “unsubstantiated or otherwise dealt with” and three related to matters already subject to some form of audit or review.
He argued that certain “members of the medical community” were clearly dissatisfied with the outcome of previous investigations into his actions, and were “in effect seeking to relitigate those allegations”.
Dr Braun also complained that some of the complaints against him related to events which occurred at private hospitals and not in the public system governed by Metro North.
An unnamed surgeon states in the parliamentary documents, which are part of the court claim, that he was told “Dr Braun lowered with (SIC) pants in an operating theatre at North West Private Hospital on one occasion in front of both nurses and medical equipment representatives and remained standing in his underwear whilst another male proceeded to measure his waist circumference and leg length for a suit fitting”.
Dr Braun denies the event ever occurred.
Metro North has been ordered to pay Dr Braun’s legal costs.
Metro North and Dr Braun’s solicitor have been contacted for comment.