Health Care Complaints Commission v Dr Basavaraj Vastrad [2011] NSWMT 1

Health Care Complaints Commission v Dr Basavaraj Vastrad [2011] NSWMT 1

The Tribunal was comfortably satisfied that complaint one particulars 2(a) and 2(d) were established because Dr Vastrad should have insisted that Patient A get dressed after the medical examination and it was inappropriate to invite Patient A, while in her underwear, to push her forehead against his, place his hands on her chest, and have her place her hands on his chest. Particulars 1(a), 2(b) and 2(c) of complaint one were not made out. Complaint two was not established because the Tribunal was not comfortably satisfied, in light of inconsistencies in the evidence and the expert evidence that a second chest examination was clinically indicated, that Dr Vastrad had engaged in the alleged...

Jurisdiction
Australia
Judgment Date
15 February 2011
Procedural Posture
Medical Disciplinary Complaint Alleging Unsatisfactory Professional Conduct And/or Professional Misconduct / Principal Judgment; Determination and Orders After Hearing
Outcome
Complaint one proved in part; complaint two dismissed; Dr Vastrad found guilty of unsatisfactory professional conduct, reprimanded, ordered to pay costs for complaint one, awarded costs for complaint two, and registration conditions imposed.
Legal Topics
['unsatisfactory Professional Conduct' 'professional Misconduct' 'medical Practice Act 1992' 'briginshaw Standard' 'costs' 'conditions on Medical Registration' 'non Publication Order']
['health Law' 'medical Professional Discipline' 'administrative Law' 'civil Procedure'] ['unsatisfactory Professional Conduct' 'professional Misconduct' 'medical Practice Act 1992' 'briginshaw Standard' 'costs' 'conditions on Medical Registration' 'non Publication Order']

Case Brief

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Procedural Posture

Medical Disciplinary Complaint Alleging Unsatisfactory Professional Conduct And/or Professional Misconduct / Principal Judgment; Determination and Orders After Hearing

Legal Issues

  1. 1 ['Whether complaint one concerning Patient A established that Dr Vastrad engaged in unsatisfactory professional conduct and/or professional misconduct.' 'Whether complaint two concerning Patient B was made out to the standard of satisfaction required by the Tribunal.' 'Whether the established conduct justified suspension, removal from the Register, reprimand, conditions, costs orders and non-publication orders.']

Ratio Decidendi

The Tribunal was comfortably satisfied that complaint one particulars 2(a) and 2(d) were established because Dr Vastrad should have insisted that Patient A get dressed after the medical examination and it was inappropriate to invite Patient A, while in her underwear, to push her forehead against his, place his hands on her chest, and have her place her hands on his chest. Particulars 1(a), 2(b) and 2(c) of complaint one were not made out. Complaint two was not established because the Tribunal was not comfortably satisfied, in light of inconsistencies in the evidence and the expert evidence that a second chest examination was clinically indicated, that Dr Vastrad had engaged in the alleged...

Court Disposition

Complaint one proved in part; complaint two dismissed; Dr Vastrad found guilty of unsatisfactory professional conduct, reprimanded, ordered to pay costs for complaint one, awarded costs for complaint two, and registration conditions imposed.

Orders

  • ['Dr Vastrad be reprimanded.' "Dr Vastrad is to pay the HCCC's costs of these proceedings, in respect of complaint one, on the ordinary basis, as defined in Sch 3 of the Civil Procedure Act 2005." "The HCCC is to pay Dr Vastrad's costs of these proceedings, in respect of complaint two, on the ordinary basis, as...