Top surgeon’s legal fight to keep job

An orthopaedic surgeon who sued his colleague for allegedly calling him a “random serial killer” is fighting a new legal battle to keep his job.

Dr Elie Khoury in a legal spat with Dr David Kirwan.

An orthopaedic surgeon who launched a defamation suit against a fellow hip and knee specialist is now fighting to keep his job.

Dr Elie Khoury, an Albury and Melbourne-based physician was sacked from his position at the Albury Wodonga public hospital last Friday.

It comes as the Sunday Herald Sun revealed the surgeon was found guilty of contempt of court after disclosing confidential material as part of his upcoming defamation stoush.

In fresh legal action lodged in the Supreme Court of Victoria, he is now trying to overturn his termination, claiming his patients will suffer if he can’t practice at the public hospital.

In court documents obtained by the Herald Sun, lawyers for Dr Khoury claim his surgical lists were abruptly cancelled after Albury Wodonga Health sent legal notice of their decision to terminate his contract on June 18 — effective immediately.

It is unclear the reason for Dr Khoury’s termination.

At least four patients were awaiting surgery from Dr Khoury this week, ranging from hip and knee replacements to torn ACLs, court documents allege.

Dr Khoury has lodged a defamation case against colleague David Kirwan (pictured).

At least two patients cannot walk due to severe pain and one who had been waiting for surgery since October 2019, an affidavit claims.

“I have had two very upset patients call today regarding their surgery at the Base (hospital) … this is the second time their surgeries have been cancelled,” Dr Khoury claimed in the affidavit.

“Dr Khoury currently has over 200 patients who are awaiting surgery at (the hospital),” the documents allege.

Dr Khoury is seeking an order restraining Albury Wodonga Health from acting upon its termination letter and to reinstate his surgical lists, which he said make up about one third of his income.

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

Dr Khoury claims the vendetta poisoned his colleagues and patients against him and Dr Kirwan attempted to have his rival’s medical licence revoked.

Dr Kirwan last year told the Herald Sun the defamation case was a “smokescreen” and he had a “moral or ethical duty” to inform fellow medicos of his concerns about Dr Khoury.

But the trial, due to begin in August, took a stunning turn a fortnight ago as Dr Khoury was found guilty of contempt of court after admitting he’d 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.

Dr Kolt and Dr Kirwan both launched contempt of court proceedings, seeking Dr Khoury and Ms Nowell be punished for disclosing the material.

Dr Khoury and Ms Nowell had argued the breach was accidental and unintended.

Judge Dixon rejected this, finding Dr Khoury had committed a contumacious contempt.

Albury Wodonga Health declined to comment.