Health Care Complaints Commission v Dr Mazzaferro [2011] NSWMT 9

Health Care Complaints Commission v Dr Mazzaferro [2011] NSWMT 9

Considering the admitted and proven prescribing breaches, over-prescribing, inadequate record keeping, prior disciplinary history, and the pattern of conduct from 2002 to 2008, the Tribunal was comfortably satisfied that Dr Mazzaferro's knowledge, skill, judgment and care in medical practice were significantly below the standard expected of a practitioner of his experience, that he breached the Medical Practice Act 1992, and that he engaged in improper conduct amounting to unsatisfactory professional conduct. The Tribunal was not satisfied that alleged ethical breaches relating to social contact or the employment referral were established.

Jurisdiction
Australia
Judgment Date
31 August 2011
Procedural Posture
Complaint Against a Registered Medical Practitioner Alleging Unsatisfactory Professional Conduct And/or Professional Misconduct / Principal Judgment and Final Orders
Outcome
Dr Mazzaferro was found guilty of unsatisfactory professional conduct and practice conditions and costs were ordered.
Legal Topics
['unsatisfactory Professional Conduct' 'prescribing Schedule 4 Appendix D Drugs and Schedule 8 Drugs of Addiction' 'drug Dependent Patients' 'medical Record Keeping' 'professional Boundaries' 'practice Conditions' 'costs']
['health Law' 'medical Practitioner Discipline' 'administrative Law'] ['unsatisfactory Professional Conduct' 'prescribing Schedule 4 Appendix D Drugs and Schedule 8 Drugs of Addiction' 'drug Dependent Patients' 'medical Record Keeping' 'professional Boundaries' 'practice Conditions' 'costs']

Case Brief

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Procedural Posture

Complaint Against a Registered Medical Practitioner Alleging Unsatisfactory Professional Conduct And/or Professional Misconduct / Principal Judgment and Final Orders

Legal Issues

  1. 1 ['Whether Dr Mazzaferro was guilty of unsatisfactory professional conduct within the meaning of section 36 of the Medical Practice Act 1992 and/or professional misconduct within the meaning of section 37 of the Medical Practice Act 1992.' 'Whether Dr Mazzaferro prescribed Schedule 8 and Schedule 4D drugs to drug dependent patients without appropriate authority and outside responsible medical judgment.' 'Whether Dr Mazzaferro failed to keep proper medical records for the patients considered.' 'Whether alleged boundary issues amounted to improper ethical conduct.' 'What protective practice conditions and costs orders should be imposed.']

Ratio Decidendi

Considering the admitted and proven prescribing breaches, over-prescribing, inadequate record keeping, prior disciplinary history, and the pattern of conduct from 2002 to 2008, the Tribunal was comfortably satisfied that Dr Mazzaferro's knowledge, skill, judgment and care in medical practice were significantly below the standard expected of a practitioner of his experience, that he breached the Medical Practice Act 1992, and that he engaged in improper conduct amounting to unsatisfactory professional conduct. The Tribunal was not satisfied that alleged ethical breaches relating to social contact or the employment referral were established.

Court Disposition

Dr Mazzaferro was found guilty of unsatisfactory professional conduct and practice conditions and costs were ordered.

Orders

  • ['Dr Mazzaferro is guilty of unsatisfactory professional conduct in that, in the exercise of his medical practice, his knowledge, skill, judgement and care were significantly below the standard expected of a practitioner; he breached the Medical Practice Act 1992 and he engaged in improper conduct.' 'He is not to...