Judge says Medical Council ‘plainly incorrect’ in dismissing complaint of Hong Kong man left deformed after surgery on penis
- The man, now forced to use a catheter, says he was told surgery was the only option, despite asking about the possibility of less invasive measures
- The doctor, who told a committee she was ‘deeply apologetic’, said a senior surgeon she consulted had recommended proceeding with the operation
A Hong Kong court has ordered the city’s Medical Council to reconsider a complaint against a public hospital doctor who performed a surgery that left a local man with a deformed penis, erectile dysfunction and major depression.
The council’s Preliminary Investigation Committee had twice dismissed the patient’s complaint of professional misconduct against a doctor at Prince of Wales Hospital in Sha Tin, who cannot be identified for legal reasons.
But Mr Justice Anderson Chow Ka-ming on Wednesday sided with the patient in finding there was evidence to suggest the doctor might be guilty of misconduct, concluding the committee’s decision was unreasonable and “plainly incorrect”.
“It cannot be said that there was no evidence at all to substantiate a case of professional misconduct against [the doctor],” Chow wrote. “The decision shows that the [committee] failed to properly grasp the issues before it and deal with them in a proper manner.”
It was a misfortune that [the applicant] suffered from complications leading to irreversible physical and emotional damage, which I am deeply apologetic about
The judge therefore quashed the decision and ordered the committee to reconsider whether a full inquiry into the doctor’s alleged misconduct was necessary, following the judicial review.