Doctors being investigated for malpractice try to get Coronial Inquiry shut down
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Senior doctors connected to SA Health's chemotherapy bungle have lost their last-minute bid to have the coronial inquest into the deaths of four patients shut down.
Deputy State Coroner Anthony Schapel has been investigating the deaths of Christopher McRae, 67, Anne Pinxteren, 76, Bronte Ormond Higham, 68, and Carol Bairnsfather, 70, who died after they were underdosed during their chemotherapy treatment at the Royal Adelaide Hospital and Flinders Medical Centre between 2014 and 2015.
Instead, counsel representing two senior doctors launched a complex legal argument challenging the coroner's power to investigate the deaths and make findings.
Darrell Trimm QC last month argued Mr Schapel did not have the jurisdiction to make any findings because Mr McRae and Ms Pinxteren did not meet the definition of "reportable deaths" under the Coroner's Act.
"The inquest has not been properly constituted from the beginning," Mr Trimm said.
"Your Honour has joined the subsequent two deaths to an inquest that from its inception was not within your power."
Mr Trimm also argued the deaths were not reportable in light of expert evidence which found the dosage of the chemotherapy drug Cytarabine they received would not have impacted their chance of survival.
But on Friday, Mr Schapel ruled he does have the jurisdiction and the inquest will continue.
Doctors lose 'heartless' bid to shut down chemo underdosing coro..
I like how the argument was so dodgy the Coroner was just like "I rule I do have jurisdiction".
Anyone trying to shut down an investigation of their own potential misconduct should never be trusted.
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