Surgeon is fined after sharing photo of disturbing tattoo on comatose patient’s manhood

The surgeon, whose name has not been revealed, had been treating a man who was injured after a homemade pipe bomb exploded in his hands in April 2019.

While the man was being treated at a regional hospital in Queensland, Australia, he had been intubated and placed into a coma for a week in intensive care.

It was during this time that the orthopedic surgeon who was treating him noticed the unconscious patient’s tattoo and photographed it, before sharing it on WhatsApp.

A finding by Queensland Civil and Administrative Tribunal stated that the surgeon “noticed the swastika tattoo and photographed it”, as reported by News.com.au.

The surgeon shared the image with other treating practitioners on WhatsApp “or a similar platform”, which had “no clinical or medical purpose”.

The surgeon had been reported after he shared the image with other practitioners. Credit: SCIENCE PHOTO LIBRARY/Getty Images

An investigation was opened when it was reported to the Office of the Health Ombudsman in December 2019, before the case was referred to the medical tribunal.

Tribunal member Peter Murphy SC said in his decision that while the unprofessional conduct shown by the surgeon was serious, he “immediately regretted” taking the photograph.

Mr Murphy said: “The patient was unconscious and particularly vulnerable.

“The trust reposed by the patient in his treating doctors can be seen to be particularly acute in those circumstances.”

The Medical Board of Australia recommended to the tribunal that the surgeon be suspended from practicing for six months, with a mentoring condition attached to his return.

In his ruling, Mr Murphy instead decided that a finding of misconduct was sufficient and fined the surgeon $10,000 AUD ($6,300 USD).

He claimed to have “immediately regretted” taking the photo. Credit: Charday Penn/Getty Images

Criminal proceedings were brought against the surgeon but were subsequently dismissed after they and the patient reached a “private arrangement” at a restorative justice conference.

The medic, who was referred to a Doctor A in the case, had told the tribunal that he had been “subjected to racism in various forms” throughout his time living in Australia.

Mr Murphy added: “It has caused him significant distress, manifesting in him ultimately changing his name formally.”

He added that seeing the swastika symbol on the man’s penis had “triggered feelings of shock and offense”.

He added: “He understood the swastika to represent racism and to be derogatory of people with his ethnic origins.”

Mr Murphy revealed that the surgeon had also reported being under considerable stress within the public health system when the incident occurred, and has since resigned from the hospital.

He revealed that the surgeon has since returned to private practice.