‘Still have nightmares’: Melbourne woman’s abortion horror
A woman who allegedly suffered a ruptured fallopian tube following an abortion at a clinic in Melbourne’s southeast says she has been left traumatised by the ordeal.
Police & Courts
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A Melbourne abortion clinic banned from performing surgeries following the sudden death of a patient is being sued by another woman over a termination procedure which endangered her life.
Hampton Park Women’s Health Clinic and gynaecologist Dr Mark Jones are being sued by Nushaba Refai who allegedly suffered a ruptured fallopian tube, threatening deadly blood loss, days after she believed she had undergone a successful abortion in March 2022.
The clinic is accused of failing to identify Ms Refai was suffering from an ectopic pregnancy – where the egg implants outside the uterus – when she underwent the surgical termination.
Unknowingly, the mother says she carried on for days with her unwanted and life-endangering ectopic pregnancy until the rupture, resulting in emergency abdominal surgery and a lengthy stay in an intensive care unit.
“I have not been able to have a proper sleep since this incident as I very frequently have nightmares of losing my own self and having my children lose their mother and my husband his wife,” Ms Refai told the Herald Sun.
The case, outlined in a County Court writ, is the latest challenge facing Hampton Park Women’s Health Clinic, which was stripped of its surgical accreditation in February following the sudden death of 30-year-old patient Harjit Kaur.
The mother of two died soon after a surgical abortion at the private clinic on January 12.
Her death, under investigation by a Coroner, triggered a series of Department of Health inspections which resulted in the indefinite suspension of the clinic’s day procedure registration due to it “operating in a manner that posed serious risks to patient health and safety”.
Three doctors, gynaecologist Rudy Lopes, anaesthetist Tony Chow and clinic director and owner Michelle Kenney, were also suspended by the Australian Health Practitioner Regulation Agency.
Dr Kenney was allowed to return to work as a doctor last month on the condition she hold no clinical governance role until a full Victorian Civil and Administrative Tribunal hearing later this year.
Dr Lopes had several restrictions on him in the lead-up to the surgery and was previously reprimanded by VCAT over sexual remarks to women including a patient who he told “I didn’t even have to buy you dinner first” while his fingers were inside her vagina during an internal examination.
There are questions over the medical registration of Dr Jones when he operated on Ms Refai.
Her lawyer Sach Fernando, accredited injury law specialist at Maxiom Injury Lawyers, said his team was “investigating the whereabouts of Dr Jones and his registration”.
“In a first-world country like ours, there should be no reason a woman risks injury or death in such a non-controversial procedure,” Mr Fernando said.
Legal documents state Dr Jones performed the abortion on Ms Refai following an ultrasound which failed to identify a foetal sac, pole or heart rate or exclude an ectopic pregnancy, as per procedure.
Blood tests taken the following day proved Ms Refai, then aged 38, was still pregnant, indicating a highly dangerous ectopic pregnancy, but the clinic failed to inform her of this until after she was already admitted to intensive care.
Her right fallopian tube was surgically removed during the emergency surgery.
“I feel like I have lost being the person I used to be. I have also lost confidence in medical practitioners,” Ms Refai said.
She suffers post-traumatic stress disorder and major depressive disorder as a result of the procedure and is suing for loss and damages.
The clinic was unable to be reached for comment.