Disgraced surgeon reinstated by peak body after historic decision to expel him

Disgraced doctor Munjed Al Muderis has been reinstated as a member of the peak body for orthopaedic surgeons after mounting a legal challenge to overturn the board’s historic decision to expel him.

The Supreme Court of NSW on Thursday released orders stating the lawsuit brought by Al Muderis against the Australian Orthopaedic Association had been settled.

Under the terms, the parties agreed the expulsion was “invalid and of no legal force or effect” and Al Muderis’ membership was reinstated with “all the rights and privileges”. The association was ordered to pay Al Muderis’ costs.

Al Muderis was represented by defamation solicitor Rebekah Giles in his lawsuit against the association after the board stripped the surgeon of his membership last month.

At first, Al Muderis sought to appeal against his expulsion by requesting a meeting where members could vote on his future, but then subsequently withdrew this request and sued the organisation.

The doctor’s lawyers had previously said the association had “acted contrary to its constitution in its actions” that required several steps to be held before an expulsion was enforced.

The association’s extraordinary move to revoke Al Muderis’ membership came after it received complaints from both patients and surgeons about the quality of his care and risk to the integrity of the profession.

“The standard you walk past is the standard you accept. We couldn’t walk past this standard,” one surgeon, who requested anonymity to discuss internal matters, said after the expulsion was announced.

The expulsion followed the Federal Court’s dismissal of Al Muderis’ defamation case against Nine and this masthead over a joint investigation with 60 Minutes from 2022 that revealed he downplayed risks of invasive surgery and neglected vulnerable patients.

Justice Wendy Abraham ruled the media investigation was substantially true and in the public interest and found Al Muderis used high-pressure sales tactics on patients, bullied his staff, made false promises, downplayed risks, prioritised fame over his patients and was dishonest, callous and cruel.

Since then, Al Muderis has appealed against all findings and has taken indefinite leave from Macquarie University Hospital while he continues to operate at several other Sydney hospitals and internationally.

Al Muderis’ lawyers said he was “very pleased that the AOA has now publicly recognised and agreed that its conduct was unlawful”.

The association declined to comment. One surgeon, speaking anonymously to discuss internal matters, said there would “definitely” be a second attempt to remove Al Muderis.

“Dr Al Muderis’ practice has been deemed by the members of the AOA and its executive to fall below acceptable standards, irrespective of the outcome of legal proceedings,” the surgeon said.

“There is no doubt the members of the AOA will continue, through correct procedure, to enact the outcome as initially intended.”

The Australian Orthopaedic Association’s code of conduct states a member may be counselled, censured, suspended or expelled if they “wilfully” neglect the constitution or is “guilty of conduct, which in the opinion of the board, is prejudicial to the interest of the association”.

This can include, but is not limited to, convictions for indictable offences or findings of professional misconduct. A membership revocation is largely symbolic but would also restrict access to fellows and resources.

Charlotte Grieve’s book Duty To Warn will be available in February. Pre-order here.

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