HCCC v Perera [2009] NSWMT 10

HCCC v Perera [2009] NSWMT 10

The Tribunal preferred the patient's account because she was a credible and convincing witness with no apparent reason to fabricate, her central complaint was consistent, there was immediate distress and a specific complaint after leaving the consultation room, and several undisputed facts supported her version. The Tribunal was comfortably satisfied that the Respondent attempted to kiss the patient, placed his cheek against hers, rolled his face towards her mouth, placed his tongue on the outside of her lips, and made inappropriate comments. That conduct was significantly below the standard reasonably expected and was improper and unethical, amounting to professional misconduct....

Jurisdiction
Australia
Judgment Date
23 September 2009
Procedural Posture
Professional Disciplinary Complaint Against a Medical Practitioner / Final Decision on Professional Misconduct, Disposition and Costs
Outcome
The Respondent was found guilty of professional misconduct, reprimanded, ordered to pay the Complainant's costs, and made subject to conditions on his registration.
Legal Topics
['professional Misconduct' 'unsatisfactory Professional Conduct' 'professional Boundaries' 'standard of Proof' 'protective Disciplinary Orders' 'costs']
['health Law' 'professional Discipline' 'medical Regulation'] ['professional Misconduct' 'unsatisfactory Professional Conduct' 'professional Boundaries' 'standard of Proof' 'protective Disciplinary Orders' 'costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Professional Disciplinary Complaint Against a Medical Practitioner / Final Decision on Professional Misconduct, Disposition and Costs

Legal Issues

  1. 1 ['Whether the Respondent engaged in unsatisfactory professional conduct and/or professional misconduct during a professional consultation with a female patient on 27 September 2006.' "Whether the Tribunal should prefer the patient's account or the Respondent's denial of inappropriate touching, attempted kissing and inappropriate comments." 'What disciplinary orders were required to protect the public and the medical profession.' "Whether the Respondent should pay the Complainant's costs."]

Ratio Decidendi

The Tribunal preferred the patient's account because she was a credible and convincing witness with no apparent reason to fabricate, her central complaint was consistent, there was immediate distress and a specific complaint after leaving the consultation room, and several undisputed facts supported her version. The Tribunal was comfortably satisfied that the Respondent attempted to kiss the patient, placed his cheek against hers, rolled his face towards her mouth, placed his tongue on the outside of her lips, and made inappropriate comments. That conduct was significantly below the standard reasonably expected and was improper and unethical, amounting to professional misconduct....

Court Disposition

The Respondent was found guilty of professional misconduct, reprimanded, ordered to pay the Complainant's costs, and made subject to conditions on his registration.

Orders

  • ['The Respondent doctor is reprimanded.' "The Respondent doctor is to pay the Complainant's costs of these proceedings, on the ordinary basis as defined in s 3 of the Civil Procedure Act 2005." "The conditions set out in the Annexure are to be placed on the Respondent doctor's registration. The NSW Medical Board is...