Dishonest, unethical, negligent but Al Muderis is still working at big hospital

Disgraced surgeon Munjed Al Muderis is still free to treat patients as major hospitals stand by him in the wake of a damning Federal Court judgment that the nation’s largest health insurer has described as “very concerning”.

Macquarie University Hospital has confirmed its long-standing arrangements with Al Muderis would continue after the Federal Court last Friday found the orthopaedic surgeon prioritised fame, money and numbers of surgeries over the safety of his patients, including vulnerable elderly people, amputees and veterans – some of whom he treated with contempt.

The Federal Court judgment in the long-running defamation trial found that reporting by this masthead and 60 Minutes that Al Muderis was unethical and negligent was accurate and in the public interest.

Australia’s largest health insurer, Medibank, formed a joint venture in 2022 with Al Muderis and eight other surgeons to establish a short-stay hospital at Macquarie University Hospital.

This masthead previously revealed leaked documents raising concerns about profit motives causing doctors to overprescribe surgeries. Medibank denied the joint-venture incentivised high volumes of surgeries and said all doctor-shareholders “have a legal and ethical obligation to act in the best interests of their patients and to adhere to a standard of reasonable care”.

Asked about the company’s confidence in Al Muderis after the damning judgment, Medibank chief medical officer Dr Andrew Wilson said that it had asked Macquarie University Hospital to investigate Al Muderis as the insurer reviewed the court findings.

“We are very concerned about reports of the court’s decision and we are taking this extremely seriously,” Wilson said.

“We strongly believe that the highest clinical standards must be upheld across all areas of healthcare.

“We can confirm we have asked Macquarie University Hospital, the operator of the hospital, to review and investigate the court’s findings, including taking all steps as necessary with the regulators who play the key role in setting standards and policies that all registered health practitioners must meet.”

Macquarie University Hospital confirmed that Al Muderis still held positions as an accredited practitioner with the hospital and an honorary clinical professor title with Macquarie University. He does most of his osseointegration work at the Limb Reconstruction Centre at the hospital.

“All affiliations with the hospital are strictly related to defined clinical responsibilities undertaken at the hospital, and within governance and credentialing framework,” the spokesperson said. “This includes sitting on any committees, which often have fixed terms.

“The hospital notes it has no current complaints about the matters raised in the Federal Court ruling, nor have any issues been raised directly with us by appropriate regulators.

“The hospital continues to deliver safe, high-quality care, attract talented staff, and meet its regulatory obligations. Our priority is – and will remain – delivering safe, high-quality care for every patient.”

Macquarie University Hospital confirmed that it has received Medibank’s correspondence and welcomed the “constructive dialogue”. It also distanced itself from Al Muderis’ practice.

“Noting the comprehensive nature of the Federal Court’s recent judgment, the hospital’s understanding is that many of the actions referenced in it relate to an individual’s private practice, which operates independently of the hospital,” it said.

“We believe it is important to distinguish between activities undertaken in a private practice setting and those carried out at the hospital, and which remains committed to providing the highest standards of patient care at all times.”

It said it worked closely with regulators and any formal investigations, if warranted, would be carried out with respect for due process and fairness.

Through lawyers, Al Muderis said he had worked at Macquarie University Hospital since 2010 and claimed patient complaints against his practice had been “dismissed”.

“He has been cleared of any wrongdoing by all relevant authorities, including AHPRA [Australian Health Practitioner Regulation Agency] and the Medical Council of NSW, and there are no active complaints or investigations against him that he is aware of,” Al Muderis’ lawyers said.

“He is of the view that the standard of clinical governance at Macquarie is one of the highest in the world – which he is proud to be part of.”

Al Muderis also holds positions at several other hospitals, including East Sydney Private Hospital since November 2020.

The Woolloomooloo-based hospital said it could not comment on individual matters but was “committed to ensuring safe, high-quality, patient-centred care”.

“We are aware of the case and are currently investigating the matter and will follow our established internal processes, ensuring due process and fairness,” East Sydney Private Hospital said.

The Health Care Complaints Commission, responsible for investigating practitioners in NSW, did not respond to questions about the judgment.

A commission spokesperson said it took all complaints seriously and had a duty to protect the public but would not comment on “individual complaints or regulatory outcomes”.

“The Federal Court’s findings … are of interest to the commission. We will review these findings and determine whether they warrant further consideration or action,” the commission spokesperson said.

National healthcare regulator AHPRA, which manages guidelines for all healthcare practitioners, also did not answer detailed questions but said it was considering the 800-page decision as part of its standard processes.

Justice Wendy Abraham, in her judgment, found this masthead and 60 Minutes had reasonably criticised AHPRA for its silence on Al Muderis given it is the nation’s peak health regulator.

“Nor do I accept, given AHPRA’s role and the issues raised with them, that the journalists were required to accept that AHPRA could not relevantly comment,” Abraham found.

The AHPRA spokesperson did not respond directly to this finding but said it would consider the judgment and any findings relevant to its role providing guidance to medical practitioners about advertising.

This masthead revealed on Wednesday that Amnesty International and Red Cross Australia denied Dr Al Muderis was an ambassador for the charities, despite these claims being made in his affidavit and in court by his barrister, Sue Chrysanthou, SC.

Other smaller charities said his involvement was limited and historical.

Al Muderis denied any deliberate misrepresentation about his charity associations.

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

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