Auckland orthodontist Saad Al-Mozany found guilty of professional misconduct, registration cancelled

An orthodontist specialist who vanished from his Auckland practice – abandoning patients mid-treatment and leaving them thousands of dollars out of pocket – has been found guilty of professional misconduct.

The Health Practitioners’ Disciplinary Tribunal decision was made today despite Saad Al-Mazony’s attempts to adjourn the hearing due to lack of legal representation.

The tribunal ordered that Al-Mozany’s registration be cancelled and he pay $57,500 to the Professional Conduct Committee (PCC), who laid the charge against him, and $41,500 to the tribunal.

Al-Mozany admitted to the tribunal there were times he could not fly to Auckland from his home in Australia to see patients in time for their scheduled appointments.

He said it was a “mistake” and “absolute nightmare” to manage The Orthodontic Institute from abroad in 2018, and he vowed never to do it again.

“I understand my patients are angry with me … I want to apologise to each one.”

He said he wanted to refund them, and has been “distraught” and “deeply saddened” about the complaints.

“I have not taken the comments about me lightly.

“I’m willing to learn from my mistakes and grow … so I can prove I can improve.”

Without having a lawyer to represent him today, he claimed he was put in a “David versus Goliath situation”.

“I don’t understand the legal process, I’m at a loss here.”

But the PCC said he had ample time to arrange a lawyer, with the first hearing on his misconduct being held in July last year.

Legal counsel Anita Millar said since Al-Mozany’s licence to practise in New Zealand had been suspended, he has “taken no steps to demonstrate to the council he is a competent and ethical practitioner”.

The tribunal found him guilty of one charge of professional misconduct relating to 12 of his former patients.

His patients said he failed to show up to scheduled appointments and would not provide plates and aligners they had paid for, before the practice was mysteriously shut down and he was never heard from again.

One patient claimed she tried calling and emailing him around 50 times over two months, to no avail.

Another turned up to a scheduled appointment to find the practice closed with a note on the door with a phone number, that no one answered.

Some patients had paid Al-Mazony more than $8000 upfront for their incomplete treatments.

As a result many were left with problematic teeth and had to finish treatment elsewhere, but some were not given access to their clinical records and most patients were not refunded.

Al-Mozany’s failure to communicate with his patients was an “egregious breach” of his responsibilities, Millar said.

“His behaviour put patient care at risk. His actions fall woefully short of what can be reasonably expected from a … specialist orthodontist.”

But Al-Mozany claimed he was “shut out” of his Auckland practice by his business partner when the Dental Council declined to issue him with a practising certificate after receiving the complaints.

He claimed his business partner, who was granted interim name suprression, took over the lease and sold the practice and all its equipment for $80,000.

He said during this time he planned to relocate his family to Auckland and he would join up with two other practices – but this never eventuated.

He claimed the PCC did not have evidence that his patients received “adverse effects” from their treatment with him, but did admit there were “delays in some instances”.

“I do consider my patients like family at the end of the day and I strive to give them the best treatment,” he said.

A number of his former patients gave evidence before the tribunal on July 19 last year. Al-Mozany failed to make contact with the tribunal until July 20, claiming he didn’t know the hearing was taking place.

Proceedings were then halted, allowing Al-Mozany to provide evidence that he had no idea the hearing was taking place and reasons why it should not proceed.

On October 4, the tribunal did not accept Dr Al-Mozany’s evidence and his application to have the proceedings start afresh was declined.

However, he was given the opportunity to participate when the tribunal hearing reconvened today.

Millar said there is “little doubt” the threshold for misconduct has been met in this case.

“His patients deserve better, and the public ought to be protected.”

Miller said more of his former patients have contacted the Dental Council with complaints since the initial hearing.

All patients who provided evidence have permanent name suppression.

Al-Mozany is also facing legal action from regulatory bodies in Australia, including theHealth Care Complaints Commission (HCCC) and NSW Dental Council.

'David vs Goliath'

Less than two hours before today’s hearing was due to start, Al-Mozany emailed the tribunal seeking an adjournment.

He claimed he needed more time to gather funds for legal representation.

“I have been obviously not working since 2018, we’re very limited on funds, we’re living week to week off my wife’s income, I have three young children,” Al-Mozany said.

He said his mother has placed an apartment on sale in Auckland to help with his legal fees, and he is hoping to receive funds from three commercial properties in Australia up for sale, but he is “going through legal issues” with former business partners.

But the PCC’s legal counsel Anita Miller argued it was “far too late … to adjourn this matter again” and there has been “ample opportunity to resolve these matters before 7.45 this morning”.

Millar acknowledged that Al-Mozany’s hearing, punctuated by numerous adjournments, has already racked up more than $85,000 in costs for the tribunal and $127,000 for the PCC.

“Enough is enough,” she said.

His applications for adjournment and interim name suppression were denied.

“I don’t understand the legal process, I’m at a loss here. It feels like a David versus Goliath situation,” Al-Mozany told the tribunal.

“I’ve got a whole legal team against me here.”

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