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Orthopedic surgeon fined $10k for sharing patient’s swastika tattoo photo

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A medical professional has been sanctioned and fined $10,000 (£4,858) for taking a photograph of a swastika tattoo on a patient’s genitalia while the patient was unconscious. The orthopedic surgeon, whose identity has been concealed, then distributed the image via WhatsApp to colleagues.

The incident occurred at a hospital in Queensland, Australia, in April 2019, following an explosion involving a homemade pipe bomb that left a man requiring intensive care and in a comatose state for a week. The Queensland Civil and Administrative Tribunal revealed that the surgeon, responsible for the patient’s care during this period, noticed the swastika tattoo and captured a picture of it. Subsequently, the Office of the Health Ombudsman was informed in December 2019, leading to an investigation by the medical tribunal.

Investigations unveiled that the surgeon shared the photo with other medical professionals on WhatsApp or a similar platform without any clinical justification. Tribunal member Peter Murphy SC highlighted the severity of the misconduct but acknowledged the surgeon’s immediate remorse for his actions.

Mr. Murphy emphasized the vulnerable condition of the patient, stating that the patient’s unconscious state made him particularly susceptible. The Medical Board of Australia proposed a six-month suspension and a mentoring requirement for the doctor, but Mr. Murphy opted for a misconduct finding and imposed a $10,000 fine on “Doctor A,” as referenced in the decision.

The surgeon faced legal proceedings, which were ultimately dropped after reaching a private resolution with the patient through a restorative justice conference. The surgeon disclosed experiencing racial discrimination throughout his life in Australia, leading to significant distress and prompting him to legally change his name.

The sight of the swastika tattoo on the patient’s genitalia evoked shock and offense in the surgeon, who associated it with racism and derogatory connotations towards his ethnic background. Additionally, Mr. Murphy noted that the surgeon was under considerable stress within the public health system at the time of the incident. Subsequently, the surgeon resigned from the hospital and resumed private practice within five years of the complaint.

In a separate incident in Australia, a woman avoided imprisonment after retrieving human toes from dog vomit to sell online. Joanna Kathlyn Kinman, employed at an animal shelter in Melbourne, encountered two dogs that had consumed parts of a deceased individual before regurgitating them, including the toes. Kinman, not present during the death, scavenged the remains from wheelie bins, intending to sell them online for up to $400 (£196).

Following a tip-off to the authorities, Kinman was apprehended at her residence in suburban Lilydale. Magistrate Andrew Sim sentenced her to an 18-month community corrections order, including 150 hours of community service, narrowly sparing her from a jail term. Mr. Sim remarked on the peculiar nature of Kinman’s actions, leading to her job loss, and expressed surprise at her lack of awareness of the illegality of her actions.

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