The Health and Disability Commissioner has apologised to a Hawke’s Bay surgeon who was wrongly assumed by patients to be the doctor involved in a botched operation detailed in one of its reports. 

In September, Deputy Commissioner Vanessa Caldwell found that a “Dr B” had failed to provide a woman with reasonable care in a spinal operation at Hawke’s Bay Hospital, which left the patient dependent on a wheelchair. 

Caldwell’s report has now been reissued, changing the pseudonym of the surgeon from Dr B to Dr X. 

At the same time, the Health and Disability Commissioner (HDC) has made an apology to James Blackett, a consultant orthopaedic surgeon in Hawke’s Bay who sometimes works at the hospital but is not the “Dr B” referred to in the report. 

Blackett told NZME that, after the report was issued, he saw a significant negative impact on his practice, although it had since recovered. 

“Unfortunately, as I have a surname beginning with B and I am an orthopaedic spine surgeon, and the decision refers to Dr B, many patients and members of the community have concluded that I am Dr B,” he said. 

James Blackett is a consultant orthopaedic surgeon in Hawke's Bay. Photo / Supplied 

He said that patients were asking his colleagues if he was the clinician involved. 

Blackett complained to the HDC about its naming policy, which anonymises people involved in its cases by assigning them letters of the alphabet, suggesting instead that another system be used. 

In its apology, published on its website, the HDC said the original reference to Dr B was “in no way a reference to Dr Blackett who also works in this hospital”. 

“Apologies are offered to Dr Blackett for any concern caused,” the HDC said. 

The doctor who was the subject of the HDC report no longer works at the hospital. 

The woman, who is in her 60s, suffered the injury during an operation at the hospital in Hastings in 2020. 

It was not the first thing to have gone wrong that day – an earlier mix-up had led to her sister, who was coincidentally also in hospital for another procedure, being prepared for surgery and taken to the anaesthetic room. 

The mistake was discovered in time and the right woman was operated on, but her spinal cord was injured, which led to a total loss of motor and sensory function in her legs. 

She now has no movement or sensation, other than nerve pain in her left leg, below the L2/L3 area of her lower spine. 

She also has impaired bowel and bladder function and uses a wheelchair. 

Surgical technique ‘inadequate’ 

Following the operation, an external review and an expert’s opinion found that several technical clinical issues had contributed to the woman’s injury. 

Dr X’s surgical technique was “inadequate” and below the expected standard of care, the HDC report said. 

The woman had surgery at Hawke's Bay Hospital in Hastings. Photo / NZME 

He did not have the credentials to perform the type of procedure used, and did not seek a support surgeon for the operation, despite a recommendation that he do so. 

HDC decisions have disclaimers 

An HDC spokesperson said that all decisions published on its website and provided to media included a disclaimer on every page: “Names have been removed to protect privacy. Identifying letters are assigned in alphabetical order and bear no relationship to the person’s actual name.” 

The pseudonym initials were assigned in alphabetical order and no individual was ever assigned an initial that matched their real surname. 

“We have acknowledged and apologised to the doctor for any concern caused by any inference that he was involved in this case.” 

The spokesperson said that HDC had not received any other reports of similar issues. 

The naming policy is due for review next year. 

Ric Stevens spent many years working for the former New Zealand Press Association news agency, including as a political reporter at Parliament, before holding senior positions at various daily newspapers. He joined NZME’s Open Justice team in 2022 and is based in Hawke’s Bay.