Board of inquiry will review N.B. pathologist's suspension

A Miramichi doctor who was suspended last winter will have a board of inquiry to challenge his suspension by the end of this month.

The New Brunswick College of Physicians and Surgeons suspended pathologist Rajgopal Menon in February following complaints from the Miramichi Hospital, alleging patient safety was at risk.

Menon argued he was suspended without notice and had no chance to defend himself, and Saint John Judge William Grant agreed.

Grant said Monday the college acted expeditiously and in the public interest when suspending Menon's licence, but he ruled that the law should be changed so that the college has to hold a board of inquiry when a doctor asks for one.

Current legislation says a doctor has only the right to request a board of inquiry.

"Basically, the judge decided there would be a hearing and my client would be afforded the opportunity to present his side of the case before an independent board of inquiry within a reasonably short period of time," said defence lawyer Rod Gillis.

"When you take away a person's right to livelihood and you do it administratively, you must then afford them a reasonable opportunity to be heard ….[M]y client will now be afforded the right to presenthis side of the case before the board and the board will make a decision based on the evidence of both sides."

The college said that in at least seven cases patients were incorrectly diagnosed or received a diagnosis too late to receive proper treatment.

The college must pay $1,500 in fees to Menon, and Menon's suspension will be quashed if the college fails to appoint a board of inquiry on or before June 30.