A specialist hospital cardiologist under investigation for alleged inappropriate behaviour or misconduct since 2018, including saying he "didn't give a shit about the pacemaker" for a patient and being absent while another was anaesthetised for 30 minutes, is suing the ACT government after Canberra Health Services suspended him.
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Dr Muayad Alasady is also suing the health services' chief executive David Peffer and the territory's Public Sector Standards Commissioner Ian McPhee, the plaintiff's statement of claim lodged in the Federal Court last week reads.
Dr Alasady, an electrophysiologist at the Canberra Hospital's cardiology unit since October 2018, was suspended with pay in March.
The court document states that following a 2020 review of the unit's culture issues related to clinical safety and patient care, Mr Peffer last October decided that a preliminary assessment of the unit was needed and that a private legal team would conduct it.
In March, the assessment was given to the health services, prompting the suspension of Dr Alasady as he was being investigated.
Allegations include Dr Alasady repeatedly acting in an unreasonable manner towards cardiology unit staff since 2018, creating an unsafe environment.
The plaintiff allegedly told a nurse he "didn't give a shit about the pacemaker" after the nurse told him a patient, who was not his, needed an urgent fitting of a one.
Dr Alasady's behaviour associated with an alleged ongoing dispute with another doctor for a number of years also contributed to an unsafe working environment.
The dispute included work meetings to discuss treatments that became so competitive that they turned into a "slanging match between the cardiologists".
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Another legal firm is conducting the investigation and in June, lawyers wrote to Dr Alasady setting out the allegations by eight people, including nurses and senior personnel.
The allegations include that Dr Alasady, between October 2020 and March 2022, did not want to be around to train junior medical practitioners and had conflicts of interest with his private practice.
He also allegedly left a patient anaesthetised on a table for half an hour before he turned up for the procedure.
A health services director accuses Dr Alasady of having outbursts, verbally attacking other employees and saying to another staff words to the effect of "because she wasn't doing her job properly, she was killing patients".
Patients also provided allegations about Dr Alasady behaving in an unreasonable manner between 2017-18 and March this year.
Dr Alasady argues that his employer mishandled the allegations and thereby breached various versions of the ACT Public Sector Medical Practitioners Enterprise Agreement.
He argues that his employer conducted preliminary assessments but did not inform him and that the assessments determined the allegations against him could be resolved and did not require investigation.
He argues that in the alternative, management did not conduct preliminary assessments as required.
He argues that the agreement breaches led to a lack of procedural fairness for him as he was not made aware about the allegations and therefore denied the opportunity to reflect on and address his behaviour.
In May, the Public Sector Standards Commissioner, Mr McPhee, delegated or purported to delegate his powers to make findings of misconduct to three health services' executive roles, including Mr Peffer.
However, Dr Alasady argues that there is bias or an apprehension of bias against him.
He cited Mr Peffer last November providing comments to The Canberra Times about making changes to senior roles, as well as sending a message with the heading "Improving our workplace culture" to all staff.
"We're drawing a line in the sand. Bullying, racism, and sexual harassment are behaviours that will earn you a one-way ticket to your next opportunity, and that won't be with CHS," the message reads.
Among the orders Dr Alasady is seeking is the suspension being revoked and an order to stop the investigation.
Alternatively, an order that he stop work until proper particulars of the allegations can be provided to him or an order to restrain anyone in the health services from making decisions about misconduct or sanctions related to him.
The plaintiff, whose website states he is also a lecturer at ANU's medical school, is seeking that a pecuniary penalty be imposed upon the government and be paid to him.
The government has been contacted for comment.
The respondents are yet to file defence statements in the Federal Court.
The Canberra Times in April revealed that some senior cardiology staff were stood down in relation to bully allegations.
It came after Mr Peffer first put senior staff on notice last November, issuing a stern warning that the health services would part ways with staff who had shown consistently poor behaviour.
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