Gary Donald McKay: Surgeon’s medical registration suspended after filming rectum examination

A top Sydney surgeon inappropriately allowed an anaesthetist to conduct a rectal examination and filmed the procedure with his phone while ‘giggling’, a legal tribunal has heard.

A top surgeon has had his medical registration suspended after inappropriately allowing an anaesthetist to conduct a rectum examination and filming the procedure with his phone at a private hospital on Sydney’s north shore.

Gary Donald McKay, who specialises in colorectal surgery, was handed the order by the NSW Civil and Administrative Tribunal on Friday following an investigation into his treatment of a male patient at the Mater Private Hospital at North Sydney in 2018.

Mr McKay admitted to inappropriately inviting an anaesthetist to conduct a digital rectal examination of a patient while he was under anaesthesia without the patient’s knowledge, informed consent or a valid clinical reason.

He also admitted to taking a non-clinical photograph of the patient and recording the examination on his mobile phone.

The tribunal heard the incident took place after Mr McKay inserted a colonoscopy when he discovered a large mass inside the patient he suspected was a rare type of tumour and was ‘shocked at how much blood there was’.

The examination was conducted at the Mater Hospital in North Sydney.

A nurse in the operating room told the tribunal she heard Mr McKay then tell the anaesthetist: ‘Put on your gloves and have a feel of the tumour. It’s a once in a lifetime opportunity’.

The nurse recalled seeing Mr McKay ‘giggling’ and filming the procedure as the anaesthetist put one or two fingers into the patient’s rectum while telling the anaesthetist: ‘I’m taking these photos to send to all your anaesthetist mates so they can see you with your fingers stuck up the patient’s arse’.

The incident was investigated by the Health Care Complaints Commission.

The nurse reported the incident to a manager at the hospital who confronted Mr McKay and told him to delete the photos.

The tribunal heard Mr McKay later contacted the patient to find out if he had reported the incident to police.

Mr McKay conceded the phone call was made in “self-interest” to find out whether the patient was pressing charges.

The patient told the tribunal he felt “disgusted” and “violated” by the incident and was “still affected by what had happened”.

The NSW Civil and Administrative Tribunal issued the suspension.

Mr McKay told the tribunal he accepted it was “completely inappropriate to have asked” the anaesthetist to perform the examination and taking photographs “amounted to a serious lapse of judgment”.

He accepted his comments during the examination were a “little bit lighthearted” and “unprofessional”.

Mr McKay said his conduct likely stemmed from his lack of work-life balance and work stressors at the time and has since taken steps to address those issues including reducing his working hours and completing training courses on professional boundaries.

The Health Care Complaints Commission – which took the case to the tribunal – sought for Mr McKay’s medical registration to be suspended for three months.

The incident occurred at the Mater Hospital, North Sydney.

In its decision, the tribunal agreed to issue the three month suspension which it said would “protect the health and safety of the public” and “maintain public confidence in the profession by denouncing transgressions”.

The tribunal said Mr McKay’s conduct was “both improper and unethical” and fell below the “standards of conduct to be expected of medical practitioners”.

In a statement, a Mater Hospital spokesman said Mr McKay had his accreditation terminated at The Mater after this incident occurred.

“The Hospital met with the patient to express our sincere apologies and to outline the actions adopted by The Mater after the incident occurred,” he said.

“The Mater takes our commitment to the care and dignity of all our patients very seriously – accordingly we have a strict code of conduct that all staff must adhere to.

“No staff are above this code, and we are grateful and encouraged that a Mater staff member who witnessed the incident, brought this matter to our attention.”