College acted in timely manner, Miramichi inquiry hears

Complaints against the former pathologist at a hospital at the centre of an inquiry into allegedly misdiagnosed biopsies were handled properly, a public inquiry heard on Tuesday.

Dr. John Carlisle, the former deputy registrar of the College of Physicians and Surgeons in Ontario, testified that complaints against now-suspended pathologist Rajgopal Menon appear to have been handled properly.

Menon, now 73, worked as a pathologist at the Miramichi Regional Health Authority in northeastern New Brunswick from 1995 until February 2007, when he was suspended following complaints about incomplete diagnoses and delayed lab results.

New Brunswick Health Minister Mike Murphy called the inquiry after an independent audit of 227 cases of breast and prostate cancer biopsies from 2004 to 2005 found 18 per cent had incomplete results and three per cent had been misdiagnosed.

More than 23,700 cases from the Miramichi hospital involving patients treated between 1995 to 2007 are being reviewed by an Ottawa lab. The audit will also include about 100 cases carried out for Regional Health Authority 4 in Edmundston, N.B., in 2002.

Carlisle was called as an expert witness as the inquiry goes through its final 18 days of hearings.

He told the inquiry that in his opinion the New Brunswick College of Physicians and Surgeons acted in a timely manner and appropriately when it was made aware of complaints against the pathologist.

The New Brunswick college first received a complaint in April 2006.

During the first two phases of the public inquiry, it was heard that registrar Dr. Ed Schollenberg tried to get Menon to retire but he refused.

Menon's licence was eventually suspended by the college but the doctor fought the decision and on Nov. 17, 2007, he was re-instated in name only.

About 20 expert witnesses, including representatives of the Canadian Association of Pathologists, the New Brunswick Medical Society and medical experts from universities in the United States are testifying during the final phase of hearings, which conclude on Oct. 1.

In the initial two phases, the inquiry also heard testimony from health officials, affected patients and Menon.

Witnesses in the final phase will give opinions on whether New Brunswick's pathology laboratories need an overhaul.

The inquiry will not assign any legal responsibility for the misdiagnoses.

Justice Paul Creaghan is expected to make recommendations to the government by Jan. 1 on how to prevent any further misdiagnoses.