About time

The advisory board that allowed rogue surgeon Jayant Patel to operate is now facing multi-million-dollar lawsuits over the treatment of hundreds of patients by a bogus Russian psychiatrist. In the first court case against the Medical Board of Queensland arising out of the so-called Dr Death scandal, three patients of Vincent Berg are seeking damages over his counselling and the medication he prescribed for their conditions. The lawsuits were filed this month. Mr Berg, 54, is undergoing treatment at a psychiatric ward on the Gold Coast.

A teenager who is one of the claimants in the civil action was diagnosed as having a mental condition by Mr Berg during a home visit to his mother. Mother and son have claimed they were prescribed dangerous and inappropriate drugs by Mr Berg, who treated 259 patients during his year's employment at Townsville hospital in 2000.

Despite hospital authorities learning that Mr Berg's Russian qualifications were fake in late 2002, his former patients were informed only through the Morris and Davis inquiries that arose out of the Dr Death scandal. The inquiries heard that authorities took the decision not to tell patients about Mr Berg because they feared it could lead to them stopping their medication and counselling or even attempting suicide. A Queensland Health spokesman said an immediate review was launched of "all of MrBerg's patients that could befound".

The three former patients - one of whom claims she has attempted suicide three times as a result of Mr Berg's treatment and medication - are seeking more than $1 million in damages. It is understood more of Mr Berg's former patients are also considering legal action. Any payouts would come from Queensland Government's insurance fund. The patients have been forced to file the court actions after being excluded from the special mediation process extended to former patients of Dr Patel, who is now living in the US.

Earlier this week, Queensland Attorney-General Linda Lavarch said 86 claims for compensation by patients of Dr Patel had already been settled. Almost three hundred patients are understood to be involved in the out-of-court mediation.

In the court action, the Medical Board has been accused of failing to check that Mr Berg's qualifications, purportedly from a Russian university, were "true and not forgeries". The Medical Board is charged with checking doctors' qualifications before registering them for practice. A spokeswoman for the board, which is funded by registration fees, declined to comment because the matters were now in "the hands of the insurer". The lawsuit claims that Queensland Health also failed to supervise Mr Berg adequately. Tia Cox, whose firm Connolly Suthers is representing all three alleged victims, declined to comment.

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