On 10 and 11 November 2022, twelve disciplinary cases against a former Radboudumc oncologist were heard by the Medical Disciplinary Committee in Zwolle. Especially the number of complaints against the medical expert is relatively high compared to other disciplinary cases. Martin Buijsen, Professor of Health Law at Erasmus School of Law, explains the particularities of the case to EenVandaag.
The oncologist in question has worked at the medical oncology department of the Radboudumc in Nijmegen since 2012. The complaints against her range from improper treatment – which includes too high or wrong doses of chemotherapy – to the improper assessment of scans and the late start of treatments. The cases before the Disciplinary Committee involve the complaints of eleven families of deceased patients and one former patient.
Grave errors and missing registration
In 2019, EenVandaag drew attention to the high-profile situation. Subsequently, the Radboudumc started an investigation into the oncologist. Of the 288 patient records investigated, 42 showed serious errors and three cases involved a possible calamity. Moreover, the oncologist had been working unauthorized: she was not in the specialists’ register or the BIG register for some time. Healthcare providers must register themselves on these lists since this helps protect patients from incompetent and careless health care.
“If a doctor is not in the BIG register, he is working without authorization”, Buijsen argues. “Then you are not allowed to call yourself a doctor, prescribe medication, perform surgery and so on”, the Professor continues. Although the physician is responsible for this registration, the hospital also has a role to fulfil. “Either they did not see it, or they did not want to bring it up. It is curious, though, that no one has expressed concern when many things seem to be going wrong.”
Dismissed or employed?
In mid-2019, the oncologist was suspended by the Radboudumc because of dysfunction. The oncologist challenged this decision in the labour court. And with success; on appeal and cassation, it was concluded that there was no dysfunction. Moreover, the doctor had never been given a chance to improve, which was entirely the fault of the Radboudumc. The hospital subsequently had to reinstate the doctor.
Although this seems contrary, Buijsen indicates that the labour court only looks at the employer’s diligence in terminating an employment contract. “If procedures have not been followed, the judge will not be inclined to agree to dismissal”, Buijsen says. Complaints about the doctor have not been considered by the labour court.
Disciplinary Tribunal
“It is up to the Disciplinary Committee to look at the doctor’s medical actions”, Buijsen says. The Disciplinary Committee consists of doctors who evaluate all complaints individually. Then they can impose a measure if desired. “If a doctor is accused of this kind of error, you see that the Disciplinary Committee tends to impose a more severe measure”, Buijsen states.
Verdict
The Disciplinary Committee’s ruling is expected on 13 January 2023. Meanwhile, the oncologist has not worked at the Radboudumc since August 2022; the employment contract could still be dissolved because of disturbed labour relations. However, the oncologist did receive a severance pay of over €400.000.
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Read the article of EenVandaag here (in Dutch).
