Duelling doctors in bitter defamation trial

A dispute between two rival surgeons has ramped up after the Supreme Court of Victoria knocked back one doctor’s request to access confidential patient records.

Dr Elie Khoury (pictured) is in a legal spat with Dr David Kirwan.

An orthopaedic surgeon has successfully blocked a rival doctor’s bid to access his confidential patient records ahead of a bitter defamation trial.

Dr David Kirwan’s last ditch attempt to force fellow hip and knee specialist Dr Elie Khoury to hand over a swag of documents relating to his patients, his accreditation and any complaints made against him, was rejected by the Supreme Court of Victoria last week after it was deemed a “fishing expedition”.

Last year Dr Khoury sued Dr Kirwan for allegedly mounting a “campaign of vilification” against him in which he claimed Dr Khoury was responsible for multiple patient deaths and labelled him a “random serial killer”.

The comments were allegedly made by Dr Kirwan in a series of emails and tearoom comments and poisoned the medical community of Albury-Wodonga where both men worked.

Dr David Kirwan (pictured) was sued by Dr Elie Khoury for allegedly mounting a “campaign of vilification”.

Dr Kirwan is defending the claims, arguing they were either the truth or based on the “honest opinion” he held at the time.

He will also argue qualified privilege, claiming he had a “moral or ethical duty” to inform 23 fellow medicos across Victoria and NSW of his concerns about Dr Khoury.

In a ruling handed down by Justice Mary-Jane Ierodiaconou, the court heard Dr Kirwan had hoped to use the subpoenaed documents to brief experts witnesses to opine on Dr Khoury’s methods and clinical performance at trial.

Dr Khoury had urged the court to block the release of the documents, arguing they were excessive and irrelevant.

Justice Ierodiaconou agreed, ruling there was no legitimate forensic purpose for the release of the material.

The Sunday Herald Sun understands the defamation trial, due to begin later this month, is likely to be delayed.

It comes as Dr Khoury is set to learn what, if any, his punishment will be after he was found in contempt of court in June.

Dr Khoury admitted he had instructed his partner to forward confidential emails authored by a third orthopaedic surgeon — Dr Jeremy Kolt — to the head of a private hospital in Albury.

Albury Wodonga Private Hospital then used the contents of those emails in an attempt to sack Dr Kolt in July last year. It is likely Dr Kirwan will call Dr Kolt as a witness in the defamation trial.

Georgina Schoff QC, for Dr Khoury, said her client had worked hard in his life to help others and was not a “rule breaker” and urged the court not to convict him.