Health Care Complaints Commission v Dr Small [2012] NSWMT 18

Health Care Complaints Commission v Dr Small [2012] NSWMT 18

The complaints were established, subject to the Tribunal's findings that particular 2(a) did not establish a failure to maintain professional boundaries and particular 2(h) was not proved. Dr Small's sexual relationship with Patient A, a vulnerable current patient, was professional misconduct. However, in light of his admissions, remorse, insight, continued treatment, education, evidence from Drs Rikard-Bell and Chung, and proposed safeguards, the Tribunal found him fit to practise as a general practitioner subject to stringent conditions rather than deregistration.

Jurisdiction
Australia
Judgment Date
19 July 2012
Procedural Posture
Disciplinary Complaints Alleging Unsatisfactory Professional Conduct and Professional Misconduct Under the Health Practitioner Regulation National Law (nsw) / Principal Judgment After Hearing on Amended Notice of Complaint
Outcome
Complaints established; practitioner reprimanded; conditions imposed on registration; practitioner ordered to pay the complainant's costs.
Legal Topics
['doctor Patient Boundaries' 'sexual Relationship With Patient' 'unsatisfactory Professional Conduct' 'professional Misconduct' 'protective Conditions on Registration' 'reprimand' 'costs']
['health Practitioner Regulation' 'professional Discipline' 'medical Profession'] ['doctor Patient Boundaries' 'sexual Relationship With Patient' 'unsatisfactory Professional Conduct' 'professional Misconduct' 'protective Conditions on Registration' 'reprimand' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Disciplinary Complaints Alleging Unsatisfactory Professional Conduct and Professional Misconduct Under the Health Practitioner Regulation National Law (nsw) / Principal Judgment After Hearing on Amended Notice of Complaint

Legal Issues

  1. 1 ['Whether Dr Small engaged in unsatisfactory professional conduct and professional misconduct by having an inappropriate personal and sexual relationship with Patient A and by related conduct flowing from that relationship.' 'Whether particulars 2(a) and 2(h) of Complaint 1 were proved on the evidence.' 'Whether protection of the public and the medical profession required deregistration or whether Dr Small could practise subject to conditions.' "What conditions should be imposed on Dr Small's registration."]

Ratio Decidendi

The complaints were established, subject to the Tribunal's findings that particular 2(a) did not establish a failure to maintain professional boundaries and particular 2(h) was not proved. Dr Small's sexual relationship with Patient A, a vulnerable current patient, was professional misconduct. However, in light of his admissions, remorse, insight, continued treatment, education, evidence from Drs Rikard-Bell and Chung, and proposed safeguards, the Tribunal found him fit to practise as a general practitioner subject to stringent conditions rather than deregistration.

Court Disposition

Complaints established; practitioner reprimanded; conditions imposed on registration; practitioner ordered to pay the complainant's costs.

Orders

  • ['The Practitioner is reprimanded.' 'The Practitioner is subject to conditions on his registration as set out in Annexure A.' "The practitioner is to pay the complainant's costs of the proceedings."]