US surgeon says case against `Dr. Death minimal and insufficient

April 17th, 2008 - 2:32 pm ICT by admin  

Melbourne, Apr.17 (ANI): An experienced US surgeon has criticised the prosecution case compiled by Australian authorities against Dr Jayant Patel, the former Queensland surgeon accused of manslaughter.

Roger E Alberty, a vascular and general surgeon at St Vincent Hospital in Portland, Oregon, described the documents so far produced in the US District Court extradition case against Patel as “minimal” and “insufficient”.

Dr Alberty wrote in the affidavit submitted before the court today that he had reviewed the “four large loose-leaf binders” of documents submitted by Australian authorities.

“These minimal records are insufficient to assess the appropriateness of the surgical procedures in issue, the competence with which they were performed, or their responsibility for the alleged outcomes,” Dr Alberty wrote.

“They are also missing material that, in my expert opinion, might explain the evidence that has been provided by the government of Australia in support of the extradition complaint.”

Dr Alberty listed in the affidavit the medical information he believes should be made available to Patel. The requested information includes pathology, colonoscopy, nursing/progress and CT scan reports.

The information relates to three patients, James Edward Phillips, Mervyn John Morris, and Gerardus Kemps, who died after treatment from Patel, and two others, Darcy Blight and Ian Vowles.

Patel, an accused of contributing to the deaths of three patients while working at the Bundaberg Base Hospital in Queensland between 2003 and 2005, recruited Dr Alberty as an expert witness.

Patel’s lawyer, Marc Blackman, claimed during an appearance in the US District Court last week the four binders of documents submitted by Australian authorities amounted only to “second and third hand hearsay”.

According to, Blackman asked for Australian authorities to hand over the medical charts of patients Patel is accused of harming.

Australian authorities have charged Patel with 16 offences, including three counts of manslaughter and fraud, and hope to extradite him to Queensland.

Patel was arrested by the FBI on March 11 at his home in Portland and has remained in the city’s high security prison since.

Patel’s extradition hearing is set for May 27 in Portland. (ANI)

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