A woman who had her belly button removed during a hernia operation did not know it was gone until her dressings were removed a week later.
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Health and Disability Commissioner Morag McDowell found the surgeon failed to communicate effectively with the patient, after a complication in the surgery.
McDowell found the surgeon in breach of the Code of Health and Disability Services Consumers' Rights (the Code).
The commissioner was satisfied the belly button needed removing, but said it was not appropriate for the surgeon to tell the patient while she was still sedated.
McDowell was concerned with the adequacy of the information the surgeon provided to the woman post-operatively, and the failure to document the discussions both pre and post-operatively.
Under the Code, everyone has the right to effective communication in a manner that enables them to understand the information provided, and in an environment that ensures both the consumer and provider can communicate effectively.
McDowell considered the surgeon had a responsibility to communicate in a way that enabled the woman to understand, process, and retain the information.
"Given it was likely the woman was still sedated and not thinking clearly immediately following her surgery, this was not the appropriate time or environment for the surgeon to undertake this conversation with her," McDowell said.
While it is ultimately the clinician's responsibility to document their discussions with patients, McDowell said the format of the DHB's standard consent form did not prompt the surgeon to document the specific details of discussions with the woman.
The surgeon has agreed to further training.
