“He Shouted at the Nurses and Dismissed Me”: When a Surgeon’s Behaviour Is Part of the Problem

Surgical and hospital care guides · 14 min read · Published 10 November 2026 · Reviewed 10 November 2026 · Next review May 2027

By Dr Rosemary Listing, PhD (Law) · Medical negligence lawyer since 2014 · Of Counsel, Peter Evans & Associates

If a surgeon’s behaviour left you feeling small, frightened or unable to ask questions, I want you to know that you are not being oversensitive. Respectful communication is a professional obligation, not a nicety. And when behaviour affects whether staff speak up, it can become a safety issue.

This guide covers the professional standards, why behaviour matters for patient safety, how to raise concerns, what your records can show, and when behaviour may be relevant to a legal claim.

Start with your question

• What behaviour should I expect from a surgeon?
• Can a surgeon’s behaviour affect my safety?
• Can intimidating behaviour affect consent?
• How do I complain about a surgeon’s behaviour?
• Can I complain to the College of Surgeons?
• What should I write down?
• Can I claim because a surgeon was rude?

The professional standard

The Medical Board of Australia’s code of conduct, Good medical practice, says doctors should treat patients with respect at all times and be courteous, respectful, compassionate and honest. It says there is no place for discrimination, bullying and sexual harassment in the medical profession, and calls for zero tolerance of them.¹

Why behaviour matters for safety

A 2019 study in JAMA Surgery looked at surgeons at two US academic medical centres. It found that surgeons with more coworker reports of unprofessional behaviour in the previous three years were more likely to have patients with medical and surgical complications.² One explanation is that intimidating behaviour makes nurses and junior doctors less likely to raise concerns, so problems are found later.

Behaviour and consent

Consent depends on being able to ask questions and get honest answers.³ If a surgeon discourages questions, rushes you, or makes you feel you can’t say no, you may not have had the information you needed. Our guide to consent before surgery explains what that conversation should include.

If you feel unable to ask questions

• Bring someone with you to appointments.
• Write your questions down and hand them over.
• Ask for written information about the risks.
• Ask whether another surgeon could see you instead.
• Get a second opinion before agreeing.

If you are unwell and not being heard

Many NSW hospitals have a process, often called REACH, that lets patients and families call for an urgent review if they are worried. Ask the nurse how to use it.

What to write down

Write down, as soon as you can, what was said, when, and who was present. Keep any letters or messages. Your medical records may also record your concerns, or show that they weren’t recorded at all.

Raising concerns

You can raise concerns with the hospital’s patient liaison service. In NSW, complaints about a practitioner’s conduct or care can go to the Health Care Complaints Commission,⁴ and serious concerns about professional conduct can go to Ahpra.⁵ Our guide to complaint or claim explains the differences.

The College of Surgeons

The Royal Australasian College of Surgeons says patients can raise concerns about the behaviour of its Fellows and trainees with its feedback and complaints team. It can talk through options and arrange a profession-led conversation, but it refers complaints about outcomes, fees or compensation to health complaints commissions, and serious safety concerns to regulators.⁶

What to look for in the records

Your records are often where the story becomes clear. You have a right to access your own health information. In NSW the Health Records and Information Privacy Act 2002 covers both public and private providers, and the Information and Privacy Commission explains how to ask.⁷ Our step-by-step guide to getting your medical records in Australia walks you through it.

How the law looks at it

Rudeness or intimidating behaviour is not, on its own, a basis for a compensation claim. Negligence law is about harm caused by care below the expected standard. But behaviour can be relevant: it may explain why consent was inadequate, why concerns weren’t escalated, or why a complication was missed. It can also be the subject of a complaint about professional conduct.

A claim usually turns on three questions: whether the care fell below what peers would widely accept as competent practice (section 5O of the Civil Liability Act 2002 (NSW))⁸, whether that shortfall probably caused harm you wouldn't otherwise have had (Tabet v Gett)⁹, and, where it matters, whether you were told the material risks first (Rogers v Whitaker)¹⁰³. Our guide to how a medical negligence claim works explains each one in plain terms.

In a case where behaviour is part of the picture, the questions might be: did the behaviour prevent you from getting the information you needed to consent? Did it stop staff escalating your symptoms? Did it delay recognition or treatment of a complication?

In plain terms, the question is whether, with respectful communication and normal escalation, the harm would probably have been avoided or reduced.

For any surgery, consent requires a real chance to ask questions and get honest answers. Behaviour that shuts that down can make consent inadequate.

Who can claim, and when

The person harmed can claim. Complaints about behaviour can be made separately, whether or not there is harm. In NSW, time usually runs from when you knew, or ought to have known, enough to claim, not from the treatment itself, and courts can sometimes extend it, so an old injury may still count. See time limits in NSW or other states, and ask early.

More: complaint or claim? · how a claim is paid for · what a claim can cover

In my practice

In files where behaviour is part of the story, the nursing notes are often the most telling record. Phrases like “Dr aware, no change to plan” or “not contacted as per preference” show a team working around a surgeon rather than with them. The behaviour itself is rarely the legal claim. But it often explains how a complication went unnoticed for too long.

Both things can be true

Your surgeon may be technically excellent, and their behaviour may still have harmed you. You can acknowledge their skill and still say that how you were treated was not acceptable.

The bigger picture

Surgical colleges and regulators have taken bullying and disrespect in surgery more seriously in recent years.⁶ You can check a surgeon on the Ahpra public register, including any conditions on their registration.⁵ Our guides to being dismissed by a doctor and open disclosure may also help.

Support

You don't have to work through this alone. These services can help:

• Lifeline, 24-hour crisis support: 13 11 14 (listed on healthdirect's helplines page)¹¹
• Beyond Blue, anxiety and depression support: 1300 22 4636
• Medicare Mental Health, help finding mental health support: 1800 595 212
• healthdirect, 24-hour nurse advice: 1800 022 222
• Health Care Complaints Commission (NSW): 1800 043 159

A woman told she had a low pain threshold now knows her fever was recorded three times. You deserve that clarity too.

With care,
Rosemary

Frequently asked questions