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Patel pursued over toddler's death
From:
By Nick Papps in Los Angeles

March 10, 2006

Jayant Patel / File
In hiding ... Jayant Patel still lives in Portland, Oregon / File

ROGUE surgeon Jayant Patel is on the run in the US from a $2 million lawsuit for the death of a three-year-old boy.
Already linked to 17 deaths of patients at Bundaberg Hospital in Queensland, Dr Patel has spent the past week refusing to answer the door of his Portland, Oregon, home in order to avoid being served with legal papers that claim he cut the child's bowel during an operation, which caused his death.

Ana McClellan, the mother of toddler Ian, began legal action against Dr Patel last month after reading about his record in Australia.

Mrs McClellan's son died in 1999 of toxic shock after Dr Patel operated on his abdomen and in the process perforated the child's bowel. He failed to repair it.

At the time, Mrs McClellan was told her son had died of a mystery infection.

She has since learned Dr Patel botched the operation.

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External link Wikipedia: The Jayant Patel saga »

Her action comes as the Queensland office of the Director of Public Prosecutions continues processing a brief of evidence that was expected to be sent to the Federal Government to support extradition proceedings against Dr Patel.

The brief, which was provided by police on February 6, includes 35,000 documents.

A spokeswoman for Director of Public Prosecutions Leanne Clare yesterday would not speculate on how long it would take to process the information.

Speaking in the US, Mrs McClellan said she wanted to kill Dr Patel.

"When I heard the news that Australia was seeking him I was just shocked to see he was the physician that operated on our son," Mrs McClellan said.

"If he had been in front of me I felt I would have ripped his throat out.

"The first thing that came to me when I read the story was that we had put our son in the hands of a butcher. We handed him over to be slaughtered."

Mrs McClellan says in court documents that Dr Patel had been recommended for the abdominal operation despite an order six months previously for him to stop performing certain operations because of his malpractice history.

Mrs McClellan is also suing Dr Patel's employer, Kaiser Permanente, the Oregon Board of Medical Examiners and the hospital where the operation was performed.

The board is being sued for granting Dr Patel a medical licence in 1989 despite him earlier being disciplined in New York for professional misconduct.

It is also being sued for failing to investigate Dr Patel from 1991-98 over eight malpractice lawsuits and nine cases of substandard medical practice in Portland.

The board, Kaiser and the hospital are also being sued over reports that in 1996 Dr Patel applied for a medical licence to practise in Washington state and was refused because he failed to report his conduct in New York and his malpractice history.

Washington state authorities threatened Dr Patel with sanctions and he withdrew his application and continued to practice in Portland, without any action from the board, Kaiser or the hospital.

Mrs McClellan's lawyer, Robert Beatty-Walters, said Dr Patel had been avoiding being served with a complaint for the past week.

"We have sent people out to his house and we can't get anybody to respond," he said.