BUTTSWORTH v WALTON [1991] NSWCA 40

BUTTSWORTH v WALTON [1991] NSWCA 40

The appellant admitted to professional misconduct in engaging in a sexual relationship with a patient during and after treatment. Given the serious departure from ethical standards, the appellant's admitted actions, and absence of error in the Tribunal's approach to risk, the Tribunal's protective order removing the practitioner from the register was justified and not subject to appellate intervention.

Parties
Appellant: Buttsworth; Respondent: Walton
Jurisdiction
Australia
Judgment Date
19 December 1991
Procedural Posture
Appeal From Medical Tribunal Decision / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Professional Misconduct, Medical Practitioners, Doctor Patient Relationship, Sexual Misconduct
Health Law Professional Discipline Professional Misconduct Medical Practitioners Doctor Patient Relationship Sexual Misconduct

Case Brief

Summary, issues, holding and outcome

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Parties

Buttsworth

Appellant

Walton

Respondent

Procedural Posture

Appeal From Medical Tribunal Decision / Judgment on Appeal

Legal Issues

  1. 1 Whether the Tribunal's order for removal from the register was 'unwarranted and too severe'
  2. 2 Whether the Tribunal misdirected itself as to the onus in establishing risk of re-offending
  3. 3 Whether there was evidence to support a risk of re-offending

Ratio Decidendi

The appellant admitted to professional misconduct in engaging in a sexual relationship with a patient during and after treatment. Given the serious departure from ethical standards, the appellant's admitted actions, and absence of error in the Tribunal's approach to risk, the Tribunal's protective order removing the practitioner from the register was justified and not subject to appellate intervention.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs