Health Care Complaints Commission v Dr Annette Dao Quynh Do [2013] NSWMT 7

Health Care Complaints Commission v Dr Annette Dao Quynh Do [2013] NSWMT 7

Dr Do was found to be the primary medical provider to her de facto partner, Mr Siebler, prescribing large quantities of restricted medications (notably morphine, pethidine, amitriptyline) over a long period in disregard of specialist advice and in contravention of regulatory requirements, including record keeping. Her conduct demonstrated knowledge, skill and judgment significantly below reasonable professional standards and amounted not only to unsatisfactory professional conduct but also professional misconduct justifying protective orders.

Parties
Complainant: Health Care Complaints Commission; Respondent: Dr Annette Dao Quynh Do
Jurisdiction
Australia
Judgment Date
29 April 2013
Procedural Posture
Disciplinary Proceeding / Substantive Decision on Complaints; Orders Pending
Outcome
Complaints of professional misconduct proved. Further hearing listed for determination of appropriate protective orders.
Legal Topics
Professional Misconduct, Medical Practitioner Standards, Record Keeping Requirements, Treatment of Immediate Family, Misuse of Restricted Substances, Onus and Standard of Proof
Health Law Professional Regulation Professional Misconduct Medical Practitioner Standards Record Keeping Requirements Treatment of Immediate Family Misuse of Restricted Substances Onus and Standard of Proof

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Parties

Health Care Complaints Commission

Complainant

Dr Annette Dao Quynh Do

Respondent

Procedural Posture

Disciplinary Proceeding / Substantive Decision on Complaints; Orders Pending

Legal Issues

  1. 1 Whether Dr Do engaged in unsatisfactory professional conduct or professional misconduct within the meaning of the Health Practitioner Regulation National Law (NSW)
  2. 2 Whether Dr Do contravened regulatory requirements regarding prescribing and record keeping
  3. 3 Whether Dr Do's treatment of her partner was below professionally accepted standards

Ratio Decidendi

Dr Do was found to be the primary medical provider to her de facto partner, Mr Siebler, prescribing large quantities of restricted medications (notably morphine, pethidine, amitriptyline) over a long period in disregard of specialist advice and in contravention of regulatory requirements, including record keeping. Her conduct demonstrated knowledge, skill and judgment significantly below reasonable professional standards and amounted not only to unsatisfactory professional conduct but also professional misconduct justifying protective orders.

Court Disposition

Complaints of professional misconduct proved. Further hearing listed for determination of appropriate protective orders.

Orders

  • Complaints (2) of professional misconduct proved.
  • Further hearing for appropriate protective orders is fixed for 7 June 2013.