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Health Professional Misconduct – Dr Emil Gayed

Health professional misconduct – Dr Emil Gayed

This information sheet outlines the options available to people who wish to make a complaint – or take legal action against –  Dr Emil Gayed.

If you have suffered an injury or experienced poor or inappropriate care from Dr Gayed, we urge you to get in touch to make an appointment for one of our specialist health lawyers to come and see you. Our female lawyers are based in regional NSW and are experts in dealing with obstetric and gynaecological cases sensitively and effectively.

Time limits apply to personal injury cases in NSW so it is important that you get legal advice promptly.

Dr Emil Gayed
Serious complaints have been made by former patients about obstetric and gynaecological procedures Dr Gayed has performed. He worked at: Manning Base Hospital, Grafton Base Hospital, Kempsey District Hospital, Cooma Hospital and Mona Vale Hospital.

The Health Care Complaints Commission (HCCC) has brought complaints against Dr Gayed for his treatment of seven former patients. The NSW Civil and Administrative Tribunal (NCAT) found Dr Emil Gayed guilty of professional misconduct. Dr Gayed’s registration was already cancelled at the time of the hearing but NCAT ordered he remain disqualified for three more years.

Seeking Compensation
There are different ways to seek compensation for injuries suffered during the course of your treatment from Dr Gayed.

Medical Negligence
We need to establish that your treatment fell below the standard of care that could be expected from a reasonably competent obstetrician or gynaecologist and that you have suffered a physical and/or psychological injury as a result of that sub-standard treatment. If you are successful, you will be entitled to compensation for your injuries.

Other avenues
If a doctor performs unauthorised intentional treatment – an example is the removal of reproductive organs such as ovaries – or there are allegations of assault, then a different type of civil claim can be brought: trespass or assault. In such cases, courts can award what are known as punitive damages. Punitive damages are considered appropriate as a deterrent – when  punishment is considered appropriate. Dr Gayed would pay any punitive damages himself – generally it is a doctor’s insurer who pays the compensation. The courts have considered that those who intentionally inflict harm on those who are owed a duty of care – a patient by a doctor – is reprehensible. Often the threat of such damages can cause the defence to offer an increased settlement.

Make a submission to the Health Department Inquiry or Complaint to HCCC
The NSW Department of Health has initiated an independent Inquiry into the various Local Health Districts in NSW which  employed Dr Gayed between 1990 and 2016. The inquiry will look at how they managed complaints about Dr Gayed and how they ensured that he complied with conditions imposed upon him by the NSW Medical Board.

The Inquiry report is due by 30 September 2018. For information visit www.health.nsw.gov.au/patients/inquiry/gayed/ . You can make a submission to the Inquiry by emailing gayedreview@health.nsw.gov.au

You can still lodge complaints in relation to Dr Emil Gayed by contacting the HCCC. Visit www.hccc.nsw.gov.au/Complaints. Our team can assist you with your Inquiry submission or complaint to the HCCC.

This information is of a general nature. You should obtain specific legal advice for your circumstances.

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