The complaint concerned a circumcision undertaken by Dr Al-Naser on 6 September 2018 on a five month old male patient (the Circumcision), and the follow up care on 6 and 7 September 2018. The Patient experienced some bleeding and was subsequently admitted to Hospital where it was necessary for him to undergo surgery with blood transfusion. The notification also raised issues regarding the documentation of the consultation and procedure, and informed consent.
On 20 December 2018, the Board imposed a condition on Dr Al-Nasar’s registration that he not undertake any circumcisions (amongst various ancillary conditions). Dr Al-Nasar appealed to the Tribunal seeking that the decision of the Board be set aside.
The Tribunal considered (1) the appropriateness of the clinical assessment and the Circumcision procedure carried out; (2) the aftercare care; (3) documentation of the consultation and procedure; and (4) obtaining informed consent.
In relation to Dr Al-Nasar’s conduct in performing the Circumcision, the Tribunal found that, at the time of making their decision in December 2018, the Board was not in receipt of expert evidence from the independent medical experts which had been requested by both Dr Al-Nasar and the Board. The objective evidence of both these medical experts did not support the Tribunal forming a reasonable belief that his conduct in assessing and performing the Circumcision posed a serious risk to persons that required immediate action to protect the community. Consequently, the Tribunal revoked the condition on Dr Al-Nasar’s registration prohibiting him from undertaking any circumcisions.
However, the Tribunal found that Dr Al-Nasar’s conduct in relation to the aftercare, obtaining informed consent and documenting the consultation and procedure posed a serious threat to persons such that it was necessary to impose immediate action in the form of conditions on his registration. The condition required that, at the end of every month, Dr Al-Nasar provide details to AHPRA regarding each surgical procedure performed during that month, including the informed consent, the medical notes documenting each procedure and his notes of the follow up care in each case.
To read the decision in Al-Nasar v Medical Board of Australia [2019] ACAT 71, click here.
