Orthopaedic surgeon Dr Elie Khoury is suing Dr David Kirwan for defamation
A top orthopaedic surgeon says he is the victim of a decade-long “campaign of vilification” after explosive emails allegedly revealed he was called a “rogue surgeon” and “random serial killer” by a fellow hip and knee expert.
Police & Courts
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A surgeon is locked in a bitter legal battle with a fellow hip and knee expert, whom he claims carried out a decade-long “campaign of vilification” to poison colleagues and the community against him.
Elie Khoury has launched defamation proceedings against David Kirwan in the Supreme Court, over what he claims were a series of “damaging” emails and comments to medical colleagues.
Dr Khoury alleges Dr Kirwan called him a “rogue surgeon” and a “random serial killer” who was responsible for at least three patient deaths. Both men specialise in knee and hip treatment, with Dr Khoury operating in both Melbourne and Albury, where he is clinical director of orthopaedics at Albury Wodonga Private Hospital.
Dr Khoury claims the animosity between the pair was sparked after he refused an offer to become partner in Dr Kirwan’s private practice in 2008.
In the ensuing years, Dr Kirwan is alleged to have:
CALLED Dr Khoury a “grub” and a “sociopath”;
ATTEMPTED to have his medical licence revoked;
COMPLAINED to the medical watchdog that Dr Khoury had tortured a 90-year-old World War II veteran; and
BAD-MOUTHED him to potential patients and seven local anaesthetists.
Dr Khoury claims that when they came face-to-face at a medical conference in Noosa, Dr Kirwan stormed past him and his partner, knocking their baby’s pram in the process.
In a statement of claim filed by law firm Litton Legal, Dr Khoury alleges his reputation and standing in the community have been severely injured by the alleged vendetta, which included 10 emails sent by Dr Kirwan between July and November last year.
Some emails had as many as 23 recipients across NSW and Victoria.
In the emails, Dr Kirwan alleges Dr Khoury was responsible for the deaths of multiple patients at the Albury Wodonga Private Hospital and was part of a “cover-up”.
A coroner’s report into one death found the patient had died of a heart attack, which had nothing to do with the surgery performed by Dr Khoury, court documents state.
More than a dozen doctors including the CEO of Mildura Base Hospital are likely to be called during the trial.
In submissions to the court, Dr Kirwan admits sending the emails but denies defamation, defending some of the comments as “honest opinion”.
When contacted by the Herald Sun, Dr Kirwan said: “I am unable to comment in detail, however I deny there has been a campaign, that is a nonsense and a smokescreen”. Dr Khoury is seeking aggravated damages and an injunction preventing Dr Kirwan from sending similar emails or making such comments again.