Health Care Complaints Commission v Dr Annette Dao Quynh Do [2012] NSWMT 9

Health Care Complaints Commission v Dr Annette Dao Quynh Do [2012] NSWMT 9

Dr Do engaged in unsatisfactory professional conduct and professional misconduct by treating a de facto partner as a patient, over-prescribing potentially addictive medications, failing to maintain adequate clinical records, and not adhering to professional standards or statutory requirements, conduct falling significantly below that expected of a general practitioner.

Jurisdiction
Australia
Judgment Date
10 May 2012
Procedural Posture
Tribunal Inquiry / Liability Decision; Further Hearing Set for Protective Orders
Outcome
Complaints against Dr Do established; findings of unsatisfactory professional conduct and professional misconduct; matter set down for further hearing on protective orders; costs reserved.
Legal Topics
['unsatisfactory Professional Conduct' 'professional Misconduct' 'medical Practitioners' 'record Keeping' 'treatment of Family Members' 'over Prescribing Medication']
['health Law' 'professional Discipline'] ['unsatisfactory Professional Conduct' 'professional Misconduct' 'medical Practitioners' 'record Keeping' 'treatment of Family Members' 'over Prescribing Medication']

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

Tribunal Inquiry / Liability Decision; Further Hearing Set for Protective Orders

Legal Issues

  1. 1 ['Whether Dr Do engaged in unsatisfactory professional conduct within the meaning of s 139B of the Health Practitioner Regulation National Law (NSW)' 'Whether Dr Do engaged in professional misconduct within the meaning of s 139E of the Health Practitioner Regulation National Law (NSW)']

Ratio Decidendi

Dr Do engaged in unsatisfactory professional conduct and professional misconduct by treating a de facto partner as a patient, over-prescribing potentially addictive medications, failing to maintain adequate clinical records, and not adhering to professional standards or statutory requirements, conduct falling significantly below that expected of a general practitioner.

Court Disposition

Complaints against Dr Do established; findings of unsatisfactory professional conduct and professional misconduct; matter set down for further hearing on protective orders; costs reserved.

Orders

  • ['All particulars of each complaint have been established to the requisite standard of proof.' 'Dr Do found to have engaged in unsatisfactory professional conduct and professional misconduct.' 'Parties to be heard on appropriate protective orders at further hearing on 16 July 2012.' 'Costs reserved.']