A HOSPITAL surgeon who was dismissed over his handling of the

treatment of a 73-year-old patient has lost his unfair sacking claim.

Mr Manouchehr Tehrani was sacked by Argyll and Clyde Health Board

after a lengthy investigation, including a fatal accident inquiry, into

his handling of Mrs Mary Clarke's case. She died in January 1988.

The former surgeon at Inverclyde Royal Hospital, Greenock, has already

received a stern warning from the General Medical Council for serious

professional misconduct. He was criticised for failing to attend the

hospital to treat the patient himself.

The tribunal heard Mr Tehrani had advised registrar Gordon Wishart

over the telephone to perform an exploratory operation. Mr Tehrani told

the tribunal he had wanted Mrs Clarke, who was suffering from internal

bleeding, transferred to Glasgow Royal Infirmary, because of its

specialist facilities.

The tribunal heard that the patient's condition deteriorated, and

another surgeon performed a second operation on her at Inverclyde. The

operation was technically a success but the patient died.

Mr Tehrani, from Bearsden, Glasgow, had asked the tribunal to order

his reinstatement but the health board urged it to consider the risks to

a patient should a surgeon slip up, even if only once.

A committee of inquiry had found Mr Tehrani's instruction to a junior

colleage was unjustified and unacceptable and exposed the patient to

risk. He was also found to be incapable of maintaining a reasonable

relationship with professional colleagues of the same discipline.

A plastic surgeon, Professor Gus McGrowther, who had worked with Mr

Tehrani, told the tribunal he would have no hesitation in placing

himself or members of his family under his care and he felt dismissal

was not appropriate.

The tribunal heard that Mr Tehrani, 53, had lost more than #100,000 in

earnings since his sacking four years ago.

The tribunal expressed sympathy for Mr Tehrani in its written

decision, which at one point described the dismissal as severe, but it

has ruled it was within the band of reasonable responses open to an

employer. In its findings, it said there was no conspiracy against Mr

Tehrani and the problem of relationships was not exclusive to him.

The tribunal criticised a six-month delay in informing Mr Tehrani of

the outcome of his appeal to the Secretary of State, but could not fault

the health board, which was not responsible for the procedures or

actions of the Scottish Secretary.

Mr Tehrani said he was bitterly disappointed by the tribunal's finding

and was considering with his legal advisers what further steps to take.