This information sheet provides information concerning the professional misconduct complaints that have been made against Dr Gayed and discusses the possible legal options for compensation for patients who have been harmed by negligent treatment administered by Dr Gayed.
If you or someone you know have been a patient of Dr Gayed, it is important to understand your potential legal options in relation to any injuries you may have sustained while under his care. It is important to act promptly as there are time limits which apply to actions in medical negligence.
Who is Dr Emil Gayed
Dr Gayed was a medical practitioner practising as a specialist obstetrician and gynaecologist who practised in various regional locations in NSW since the early 1990’s until his suspension in February 2016 and ultimate deregistration in June 2018.
Dr Gayed has been the subject of a number of complaints since commencing practice and most particularly in the mid-north coast of NSW in more recent years.
At Manning Base Hospital Dr Gayed was a visiting medical officer which meant that he was seeing patients for the purposes of examination and diagnosis in his private rooms and only attending the hospital to operate.
Complaints were made not only by Dr Gayed’s patients but also by other doctors and hospital staff, by local health authorities and the Medical Board, yet he was permitted to continue practice until February 2016.
Dr Gayed has been the subject of a number of complaints since commencing practice and most particularly in the mid-north coast of NSW in more recent years.
At Manning Base Hospital Dr Gayed was a visiting medical officer which meant that he was seeing patients for the purposes of examination and diagnosis in his private rooms and only attending the hospital to operate.
Complaints were made not only by Dr Gayed’s patients but also by other doctors and hospital staff, by local health authorities and the Medical Board, yet he was permitted to continue practice until February 2016.
What were the complaints against Dr Emil Gayed?
The repeated theme of complaints about Dr Gayed included the unnecessary removal of organs, unnecessary or incorrect procedures, perforation of organs, the failure to keep adequate clinical records, and the failure to obtain proper consent from patients. To make matters worse, Dr Gayed was vision impaired.
What can women affected by Dr Emil Gayed do?
Women affected by Dr Gayed have a number of options for redress:
• Disciplinary Action
Firstly, former patients can make a complaint to the Health Care Complaints Commission (‘HCCC’). The HCCC is a disciplinary body that can look at taking further action against Dr Gayed. However, as Dr Gayed is now deregistered, perhaps the only benefit is in ensuring that Dr Gayed does not gain re-registration when he is again permitted to apply after June 2021.
• Court Proceedings for Damages
Secondly, women can make a claim in negligence for the personal injuries they have suffered as a result of negligent procedures performed on them by Dr Gayed. If a woman claims damages for personal injuries that she has received as a result of medical negligence, she could seek compensation for any losses caused by the injuries, including the loss of income or income earning capacity, the care she requires and is provided either commercially or by her loved ones, and for the pain and suffering that she has suffered.
• Disciplinary Action
Firstly, former patients can make a complaint to the Health Care Complaints Commission (‘HCCC’). The HCCC is a disciplinary body that can look at taking further action against Dr Gayed. However, as Dr Gayed is now deregistered, perhaps the only benefit is in ensuring that Dr Gayed does not gain re-registration when he is again permitted to apply after June 2021.
• Court Proceedings for Damages
Secondly, women can make a claim in negligence for the personal injuries they have suffered as a result of negligent procedures performed on them by Dr Gayed. If a woman claims damages for personal injuries that she has received as a result of medical negligence, she could seek compensation for any losses caused by the injuries, including the loss of income or income earning capacity, the care she requires and is provided either commercially or by her loved ones, and for the pain and suffering that she has suffered.
What are the steps in making a claim against Dr Emil Gayed?
Contact Us
We can speak with you either in person by audio visual means or by telephone by way of a free initial consultation to understand the circumstances of your potential claim. We will talk to you about your case and advise initially whether we think the case is worth your while to investigate.
Obtain Your Clinical Notes
If we agree that your case has prospects of succeeding, we will request clinical records from your treating Doctors. Once we have reviewed the notes thoroughly, we will advise you whether we think there is merit in pursuing the claim.
Expert Opinion
Once we have your instructions to proceed, we will obtain an expert opinion from an obstetrician/gynaecologist as to whether Dr Gayed’s treatment fell below that standard recognised as reasonable and appropriate treatment. Usually, we will speak with the expert by telephone and if the opinion if favourable obtain a formal report.
Court Proceedings
Once we obtain a favourable report supportive of your case, we can commence proceedings on your behalf and act for you in those proceedings until the case is resolved.
We can speak with you either in person by audio visual means or by telephone by way of a free initial consultation to understand the circumstances of your potential claim. We will talk to you about your case and advise initially whether we think the case is worth your while to investigate.
Obtain Your Clinical Notes
If we agree that your case has prospects of succeeding, we will request clinical records from your treating Doctors. Once we have reviewed the notes thoroughly, we will advise you whether we think there is merit in pursuing the claim.
Expert Opinion
Once we have your instructions to proceed, we will obtain an expert opinion from an obstetrician/gynaecologist as to whether Dr Gayed’s treatment fell below that standard recognised as reasonable and appropriate treatment. Usually, we will speak with the expert by telephone and if the opinion if favourable obtain a formal report.
Court Proceedings
Once we obtain a favourable report supportive of your case, we can commence proceedings on your behalf and act for you in those proceedings until the case is resolved.
What is the fast-track claim process when making a claim against Dr Emil Gayed?
We have negotiated with the Crown Solicitor’s Office to create a streamlined process for suitable claims, which will mean that claims can be resolved other than through the Court system, with the cost of examinations and reports being funded by the Government insurer.
The benefits of the streamlined process are:
• A viable alternative to Court proceedings for women to resolve their claims;
• All necessary expert evidence is funded;
• A higher level of co-operation from both sides in the resolution of claims;
• Faster resolution of claims;
• Fewer medical and psychological examinations and assessments which often increase the level of trauma to victims; and
• Payment of an agreed amount of costs so that there is no deduction from the settlement amount.
The benefits of the streamlined process are:
• A viable alternative to Court proceedings for women to resolve their claims;
• All necessary expert evidence is funded;
• A higher level of co-operation from both sides in the resolution of claims;
• Faster resolution of claims;
• Fewer medical and psychological examinations and assessments which often increase the level of trauma to victims; and
• Payment of an agreed amount of costs so that there is no deduction from the settlement amount.
Are there time limits in making a claim against Dr Emil Gayed?
Yes, generally three (3) years from the date on which the negligence is discoverable, and not more than twelve (12) years after the negligent treatment took place.
It is extremely important to speak with a solicitor as soon as possible if you think you have a claim.
It is extremely important to speak with a solicitor as soon as possible if you think you have a claim.
If you have a complaint regarding treatment provided by Dr Gayed, one of our expert solicitors can advise you about your options in an obligation-free consultation. You can call us on (02) 4050 0330 or book an appointment online.