A doctor has scored a legal win over a hospital that wanted to dismiss him for “unprofessional” conduct after a patient complained when he refused to operate on her.

The urogynaecologist appealed to the Industrial Relations Commission of NSW after receiving a notice of dismissal from the Nepean Blue Mountains Local Health District in June 2020.

The local health district (LHD) claimed it had substantiated allegations that he had “stormed” out of a consulting room after the patient refused to participate in a treatment trial for her prolapse.

It alleged the doctor had three months later at a follow-up appointment accused the woman of wanting to sue him after he told her he would not be performing a procedure she wanted.