Having gynaecological surgery that went horrendously wrong, I spent over a year having further procedures to try and repair the extensive damage. Unfortunately, the damage was too catastrophic.

Waking up every morning, I wonder if this will be my last day. It’s exhausting physically and emotionally and trying just to exist is exceedingly expensive. Too lethargic to do the things I once loved doing, I now continually grieve for a life lost – mine. However, I try desperately to keep going due to a strong sense of purpose and determination to stop this from happening to other Canberra women.

I’m not talking about a couple of minor complaints made against outstanding health professionals, I’m talking about numerous serious complaints. 

For the medical consumer, how do they know if they should be concerned about a particular health professional? Those injured may not wish to speak publicly for fear of legal action against them or the loss of privacy.

The public cannot rely on website reviews as a source of information, as reviews can be removed by an individual or organisation. After ABC aired a story regarding a Canberra surgeon in July, I observed that a large number of negative reviews from past patients were placed on a website. The following day, all negative reviews had been removed.

Injuries sustained by many women have had implications for the good doctors who have had to undertake follow-up surgeries and treat women on an ongoing basis. Clearly cases like these increase demand on health services.

Last year, I made a formal complaint to the Australian Health Practitioner Regulation Agency (Ahpra) against a medical professional, and have recently been advised that the investigation will be ongoing into next year.

I also note there have been numerous other complaints made to Ahpra by Canberra women regarding the same doctor, which are also still underway. Whatever the combination of reasons, the system has drastically failed so many women. The regulatory and legal processes could take years to work through.

As Ahpra’s website states, “Ahpra works with the 15 National Boards to help protect the public by regulating Australia’s registered health practitioners. Together, our primary role is to protect the public and set standards and policies that all registered health practitioners must meet. Registration fees fund the work of National Boards in partnership with Ahpra to keep the public safe by:

• supporting national registration to ensure only qualified and competent health practitioners can practice in Australia
• developing evidence-based and practice-tested standards, codes and guidelines
• investigating concerns raised about registered health practitioners, and
• accreditation of programs of study that lead to registration and endorsement”

Clearly there is a flaw in the system which allowed this to happen to me, and so many other women in Canberra and surrounding districts. And is continuing to allow this to happen.

When a health professional has a history of complaints against them or numerous complaints under current investigation, in my view there needs to be expedited investigations, a requirement by Ahpra on any employing hospital or other employer for an urgent review of the health professional’s practice and for heightened supervision, a thorough assessment of risks and possible mitigation strategies, and, in serious cases, suspension of the health professional in question while investigations are underway.

“Regulation of health practitioners in Australia is funded by fees, with no ongoing funding from governments.” Do Ahpra expect the ACT government to intervene and make the difficult decisions? Or do we need a coronial inquest for matters to be taken seriously?

If staff are aware that a health professional is working at a substandard level, should they not be able to voice their concerns with the hospital, clinic or relevant authorities without fear of retribution or being seen as breaking ranks or a whistle blower, ultimately being ostracised? If a hospital or clinic are aware of a health professional’s substandard duty of care, should they not also be held accountable?

Medical professionals are protected by lawyers from their insurance company with deep pockets – so really, why would they care? It’s the complainants that have everything to lose. As health economist Dr Stephen Duckett from the Grattan Institute stated to ABC, “Unless you are very wealthy, or so poor that bankruptcy doesn’t matter, or crazy brave, then you’re unlikely to be prepared to have your day in court … A very, very small proportion of adverse events are covered by negligence.”

Legal action after years may result in a settlement with non-disclosure clauses, which means that the public will be kept in the dark.

A Senate Inquiry into the Administration of registration and notifications by the Australian Health Practitioner Regulation Agency and related entities under the Health Practitioner Regulation National Law is currently underway. We are a first world country and if the public cannot trust Ahpra with our lives, then who can we trust?

Had there been stringent systems in place, I would not have sustained such horrific injuries and be in this dire situation today, as would many other women.

• Jacqueline O’Brien, Canberra

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