Health Care Complaints Commission v Nguyen-Phuoc [2015] NSWCATOD 81

Health Care Complaints Commission v Nguyen-Phuoc [2015] NSWCATOD 81

The respondent's conduct was proven to constitute unsatisfactory professional conduct and, cumulatively, professional misconduct because he practised outside orthodox medical standards in ways exposing patients to real potential harm, particularly through thyroid extract and hydrocortisone prescribing without accepted clinical or biochemical justification; failed in multiple respects to keep adequate clinical records and record informed consent; and deliberately issued prescriptions for medications after his registration had been suspended. The Tribunal was comfortably satisfied on the balance of probabilities that the proven particulars of complaints one, one A, two, two A and three...

Jurisdiction
Australia
Judgment Date
07 August 2015
Procedural Posture
Occupational Division Disciplinary Proceedings Concerning a Former Registered Medical Practitioner / Stage 1 Hearing on Whether Complaints and Particulars Were Made Out; Proceedings Stood Over for Stage 2 Hearing
Outcome
Complaint four proven; respondent found guilty of professional misconduct by reason of findings made under complaints one, one A, two, two A and three. Proceedings stood over for stage 2 hearing.
Legal Topics
['unsatisfactory Professional Conduct' 'professional Misconduct' 'complementary Medicine' 'clinical Record Keeping' 'prescribing While Registration Suspended' 'patient Consent' 'risk of Harm to Patients']
['health Practitioner Regulation' 'professional Discipline' 'medical Law'] ['unsatisfactory Professional Conduct' 'professional Misconduct' 'complementary Medicine' 'clinical Record Keeping' 'prescribing While Registration Suspended' 'patient Consent' 'risk of Harm to Patients']

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Procedural Posture

Occupational Division Disciplinary Proceedings Concerning a Former Registered Medical Practitioner / Stage 1 Hearing on Whether Complaints and Particulars Were Made Out; Proceedings Stood Over for Stage 2 Hearing

Legal Issues

  1. 1 ["Whether the respondent's practice of complementary or integrative medicine, including prescribing thyroid extract and hydrocortisone to patients with normal blood levels, fell significantly below the standard reasonably expected of a medical practitioner of equivalent training or experience." 'Whether the respondent failed to keep clinical records required by the Health Practitioner Regulation (NSW) Regulation 2010 and earlier medical practice regulations.' 'Whether issuing prescriptions for medications after suspension of registration constituted improper or unethical conduct relating to the practice of medicine.' 'Whether the proven instances of unsatisfactory professional conduct, individually or cumulatively, amounted to professional misconduct.']

Ratio Decidendi

The respondent's conduct was proven to constitute unsatisfactory professional conduct and, cumulatively, professional misconduct because he practised outside orthodox medical standards in ways exposing patients to real potential harm, particularly through thyroid extract and hydrocortisone prescribing without accepted clinical or biochemical justification; failed in multiple respects to keep adequate clinical records and record informed consent; and deliberately issued prescriptions for medications after his registration had been suspended. The Tribunal was comfortably satisfied on the balance of probabilities that the proven particulars of complaints one, one A, two, two A and three...

Court Disposition

Complaint four proven; respondent found guilty of professional misconduct by reason of findings made under complaints one, one A, two, two A and three. Proceedings stood over for stage 2 hearing.

Orders

  • ['We find the respondent guilty of professional misconduct under complaint four by reason of the findings made against the respondent in each of complaints one, one A, two, two A and three.' 'The proceedings are stood over for stage 2 hearing on 20 August, 2015.']