A doctor has won his appeal against termination after being dismissed for consuming alcohol on the job
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An anaesthetist who was dismissed for being intoxicated on the job has been cleared to return to work.
Dr Michal Petr left the operating theatre when his patient was still unconscious and without transferring the job to another co-worker at Wollongong Hospital in May 2016.
The 49-year-old was later discovered intoxicated in a locked hospital room after he consumed six to eight drinks.
Dr Petr’s position as a visiting medical officer at Wollongong Hospital was terminated, but he lodged a protest under a legal provision that gives practitioners the right of appeal to the minister.
The committee of review found Dr Petr should be re-employed as an anaesthetist - with the condition of a daily breath test – and that he is “unlikely” to relapse, according to Fairfax Media.
Dr Petr's appeal to return to work was supported by many of his anaesthesia co-workers and his personal psychiatrist who argued that he had changed his ways.
He has now been able to find a job at Shellharbour Private Hospital in the pre-admissions clinic.
Five years prior to this incident, Dr Petr was caught driving to work with a blood alcohol level more than three times over the legal limit.
Conditions imposed at the time to return to work included that he not consume alcohol at all, and that he undergo urine testing for alcohol twice a week.
However, he started drinking again in January 2016 leading to the May 20 incident which prompted the medical council to impose more stringent conditions on his licence.
NSW Minister for Health Brad Hazzard said he did not share the committee's conclusion Dr Petr had changed.
"As the Minister for Health, my primary concern is about ensuring that patients are kept safe," Hazzard said.
"It's a decision made by a review committee under the legislation and is not one I would have made.
“Hopefully we will be working with the doctor to have him address his issues before he seeks to come back to work."
The only way to overturn the committee's decision is through the Supreme Court, however this is not under consideration.
A statement issued by the Illawarra Shoalhaven Local Health District chief executive Margot Mains said: ‘’Before he resumes any duties as a VMO, the district would need to be satisfied that Dr Petr will meet the conditions required of him to practice, and any other additional conditions the district may apply following a full clinical risk assessment.’’
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