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Surgeon issues Concerns Notice to Nine over ‘unfair, unjustified and unlawful attack’
BigLaw firm HWL Ebsworth is acting for an osseointegration surgeon alleging defamatory imputations by Nine Publishing. If the matter ultimately proceeds to court, the firm says, its client “will be awarded a very substantial sum”.
Jerome Doraisamy
In a 40-page Concerns Notice, Australian osseointegration surgeon Dr Munjed Al Muderis has alleged dozens of defamatory imputations by Nine-owned Sydney Morning Herald, The Age, 60 Minutes and 9Now.
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Professor Al Muderis — a former NSW Australian of the Year — was recently the subject of an investigation by Nine, which the publisher wrote, in a recent article, has “uncovered a darker side of Al Muderis’ booming and lucrative practice”. The investigation has showcased numerous former patients alleging that Professor Al Muderis did not properly take care of them.
Represented by HWL Ebsworth, Professor Al Muderis is alleging that — since early September 2022 — he has been the subject of “one of the most unfair, unjustified and unlawful attacks” by a mainstream media company on a medical doctor in recent times.
He has initiated proceedings, HWL partner Nicholas Pullen and solicitor Alex Porz wrote, because of the “substantial and very serious harm maliciously and deliberately inflicted upon him”, in an “unmeritorious campaign” by Nine.
In the Concerns Notice, Professor Al Muderis alleged over 70 defamatory imputations carried in various Nine publications, including in a 60 Minutes episode and a “Sneak Peak” to that episode, and in subsequent SMH and Age articles and a video.
The publication of the imputations, Mr Pullen and Mr Porz wrote, has “self-evidently” caused, and is likely to cause, Professor Al Muderis substantial harm and damage, hurt and distress.
The surgeon has, the firm continued, “incurred significant expenses in seeking to mitigate the harm to his reputation caused by reason of the matters complained of and will claim those expenses in the proceedings”.
Professor Al Muderis has offered settlement of the matter, HWL detailed, should Nine immediately and permanently delete the publications carrying the allegedly defamatory imputations, issue public apologies in the online mastheads and in an episode of 60 Minutes, and pay reasonable expenses.
“You will observe that our client has not sought damages in this offer, given his priority is to vindicate his reputation as quickly as possible,” Mr Pullen and Mr Porz wrote.
“We are confident that, if the matter proceeds to court, he will be awarded a very substantial sum.”
If the dispute cannot be resolved, Professor Al Muderis will commence defamation proceedings against Nine, HWL noted.
In a statement, the surgeon said: “I must take this action to not only protect my reputation but also to reaffirm to my patients that they have received, and will continue to receive, the quality care and attention that they deserve.”
