A Queensland surgeon being investigated over allegations of medical negligence and ohhhual misconduct has had his work suspension lifted by the Supreme Court in Brisbane.
- The court heard while Dr Braun still received his salary he had lost $2.3 million from private practice
- The Health Ombudsman is still investigating inappropriate behaviour allegations against the surgeon
- The Supreme Court ordered Dr Braun’s suspension be “declared to be of no force or effect”
Dr William Braun took Queensland Health and the Metro North Hospital and Health Service (MNHHS) executive to court, arguing his suspension had a “very serious” adverse effect on his reputation and that he had suffered “drastic” financial losses in the year since he stopped working.
In February 2019, Dr Braun was stood down with full pay over a series of accusations that were originally raised in State Parliament by Opposition MP Ros Bates.
MNHHS executive Dr Elizabeth Rushbrook referred the allegations to the Office of the Health Ombudsman, which is still investigating claims against Dr Braun, including inappropriate behaviour in the workplace and surgical malpractice.
Lawyers for Dr Braun argued in the Supreme Court their client was denied natural justice and not afforded an opportunity to make submissions against the suspension order.
They also argued the original decision to suspend Dr Braun, and subsequent decisions reinforcing the suspension, were an improper exercise of power.
During the hearing, the court heard while Dr Braun was still receiving his $113,000 salary from Queensland Health, it was only a “fraction” of what he earned from his work in private practice.
The court heard Dr Braun had lost about $2.3 million in 12 months.
Supreme Court Justice Frances Williams today ruled Dr Braun was not afforded natural justice.
He said the decision to suspend Dr Braun, and subsequent decisions, “are declared to be of no force or effect”.
Justice Williams ordered Dr Rushbrook and the MNHHS to pay Dr Braun’s legal costs.