Grieving Melbourne family ‘staggered’ after doctor revelation

Records linked to the surgery of a mum who died after a procedure at a clinic in Melbourne’s southeast left out a crucial detail about one of her doctors, a tribunal has heard.

Harjit Kaur was a much-loved mother to two young children. Picture: Supplied

A doctor whose clinic was stripped of its surgical licence after a patient’s sudden death had previously been cautioned for missing her mandatory drug screens and unsafe sedation, a tribunal has heard.

Beloved mum-of-two Harjit Kaur died from unknown causes shortly after surgery at Hampton Park Women’s Health Clinic on January 12.

A family spokesman said they were “absolutely staggered” by the drug test revelations and that some of the Medicare records claimed a completely different doctor was working during the surgery.

VCAT heard anaesthetist Dr Tony Chow was not allowed to be working at the clinic the day Ms Kaur died and his services were instead billed to Medicare under the clinic’s medical director Dr Michelle Kenney, who was not there.

Dr Kenney’s lawyer Diana Price told the tribunal this was a “data entry issue” and a previous staffer hired Dr Chow during a hearing to challenge Dr Kenney’s suspension earlier this week.

She said her client should be allowed to work in a strictly non-clinical governance role.

Melbourne dad Sukhjinder Singh is still looking for answers after the tragic and sudden death of his wife, Harjit Kaur on January 12. Pictured: Supplied

The Medical Board of Australia suspended Dr Kenney, alongside Dr Chow and surgeon Dr Rudy Lopes, under immediate orders pre-hearing after Ms Kaur’s death.

Dr Kenney has previously denied the surgery contributed and a spokesman for the coroner said they were “awaiting further expert medical to determine Ms Kaur’s cause of death”.

Inspections, triggered by Ms Kaur’s death, prompted the health department to remove the clinic’s surgical accreditation in February over separate, serious patient risks.

The board’s lawyer, Dr Chad Jacobi, defended Dr Kenney’s ban from medicine and told VCAT it was not directly linked to Ms Kaur’s care.

He said it was the standards that Dr Kenney’s clinic failed to meet in the later inspections that were “concerning” and they “reflect” on her own clinical standards as a doctor.

“That (infection control) is a fundamental requirement of safe clinical practice,” he said.

He said Dr Kenney had previously been cautioned about “unsafe sedation practices” for performing dual roles in surgery, and she “poses a risk because of her lack of clinical judgement and clinical decision making”.

“(There’s) a long history of performance-related issues, prior regulatory actions and warnings,” he said.

He said Dr Kenney had not always followed conditions placed on her registration, with the tribunal learning she missed two drug screenings — which she was required to undergo — in mid 2023.

Suresh Rajan, commenting outside of VCAT on Ms Kaur’s husband Sukhjinder Singh’s behalf, said that he had “not expected anyone” working in a field like surgery would be allowed to do so while under drug-testing conditions.

Ms Price said her client’s drug tests were clear and she was facing personal issues during past regulatory matters.

She told the tribunal the regulator had “conflated” the accreditation issues of her client’s clinic with her ability to work in general practice.

“These matters do not translate into a risk with Dr Kenney in general practice, in a non-surgical setting,” she said.

“She is a safe practitioner,” she said.

She said Dr Kenney had made “fair concessions”, had a positive attitude to improvement and offered crucial services, including terminations, that were in the public interest to remain available.

“If a stay is not granted, the reality is that the business will need to be sold,” she said.

Tribunal member Elisabeth Wentworth reserved her decision.