A Melbourne surgeon is facing allegations of negligence for failing to inform a patient that the device used in her jaw surgery was experimental and of his own invention.
Dr. George Dimitroulis is being sued by a former patient, Bianca*, who claims he did not fully disclose the risks associated with the jaw surgery or that the device, known as the OMX prosthesis, was experimental.
According to court documents, Bianca alleges that the operation left her unable to work and with life-changing injuries and chronic pain, The Guardian reported.
She asserts that Dimitroulis used a self-created classification system to diagnose her condition as severe enough to warrant surgery. This system, she claims, was not widely used by other surgeons, and less invasive treatments were available.
Dimitroulis denies the allegations, stating that he acted within the accepted professional practices in Australia and that Bianca was informed of the known risks.
“At all relevant times he acted in a manner that was widely accepted in Australia by a significant number of respected practitioners as competent professional practice,” his defence statement said.
He admits to creating the classification system used to diagnose Bianca but denies failing to inform her about its limited use by other surgeons.
Bianca’s statement of claim also alleges that she was not told the OMX TMJ prosthesis was experimental and that the surgery might not work and could worsen her condition.
Dimitroulis’s defence states that he discussed the known risks of the surgery with Bianca and that she was aware of his involvement in the design and creation of the device.
Earlier this year, Dimitroulis faced disciplinary action from the medical regulator for failing to inform another patient, Jordan*, of potential nerve injuries from TMJ replacement surgery. He completed additional training on informed consent and record-keeping as a result.
*Name has been changed to protect patient confidentiality.