In Re Dr Caladine [2006] NSWMT 12

In Re Dr Caladine [2006] NSWMT 12

The Tribunal found that Dr Caladine was suffering from an impairment within the meaning of the Medical Practice Act 1992 (NSW) due to a mental disorder, including bipolar disorder, depression, and drug-induced hypomania, which detrimentally affected his capacity to practise medicine. In light of the parties' agreement and evidence from treating and reviewing psychiatrists, the Tribunal imposed specific conditions on his registration. The alternative complaint of unsatisfactory professional conduct was not proven. Costs were awarded to the Complainant, and a suppression order for the practitioner's name was refused.

Parties
Complainant: Health Care Complaints Commission; Practitioner: Dr Keith Caladine
Jurisdiction
Australia
Judgment Date
05 June 2006
Procedural Posture
Medical Tribunal Hearing / Determination of Complaints and Orders
Outcome
Complaint 1 proved (impairment); Complaint 2 not proved
Legal Topics
Medical Practitioner Impairment, Professional Misconduct, Costs Orders, Suppression Orders
Health Law Professional Regulation Medical Practitioner Impairment Professional Misconduct Costs Orders Suppression Orders

Case Brief

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Parties

Health Care Complaints Commission

Complainant

Dr Keith Caladine

Practitioner

Procedural Posture

Medical Tribunal Hearing / Determination of Complaints and Orders

Legal Issues

  1. 1 Whether Dr Caladine suffers from an impairment within the meaning of the Medical Practice Act 1992 (NSW)
  2. 2 Whether Dr Caladine has engaged in unsatisfactory professional conduct or professional misconduct under ss 36 and 37 of the Act
  3. 3 What conditions, if any, should be imposed on Dr Caladine’s registration

Ratio Decidendi

The Tribunal found that Dr Caladine was suffering from an impairment within the meaning of the Medical Practice Act 1992 (NSW) due to a mental disorder, including bipolar disorder, depression, and drug-induced hypomania, which detrimentally affected his capacity to practise medicine. In light of the parties' agreement and evidence from treating and reviewing psychiatrists, the Tribunal imposed specific conditions on his registration. The alternative complaint of unsatisfactory professional conduct was not proven. Costs were awarded to the Complainant, and a suppression order for the practitioner's name was refused.

Court Disposition

Complaint 1 proved (impairment); Complaint 2 not proved

Orders

  • The Tribunal finds that Complaint 1 is proved. The Tribunal finds that the practitioner suffers from an impairment.
  • The Tribunal finds that Complaint 2 is not proved.