The Medical Council of NSW is facing serious questions after a tribunal found it misused its emergency powers against a cardiothoracic surgeon, sidelining him from operating for months following concerns over a handful of complex patient cases.

Dr Pankaj Saxena has been unable to operate since July last year, when Newcastle’s John Hunter Hospital abruptly withdrew his privileges while an investigation into his care of four high-risk patients unfolded.

An appeal tribunal has found that the hospital where he was the head of cardiothoracic surgery had failed to give a detailed explanation of how his practice had fallen below the expected standard, beyond making general concerns over his surgical technique and decision-making.

Despite this, the tribunal said the hospital then “sidestepped” procedural fairness by referring him to the Medical Council of NSW.