Health Care Complaints Commission v Dr Nikolova-Trask [2014] NSWCATOD 149

Health Care Complaints Commission v Dr Nikolova-Trask [2014] NSWCATOD 149

The practitioner committed unsatisfactory professional conduct and professional misconduct in relation to Patient A because, by April 2010 at the latest, the relationship had crossed professional boundaries and she continued to treat him, later entering and maintaining a sexual and de facto relationship while providing medical care. Her conduct concerning Patient D, including continuing to treat him while maintaining an intimate personal relationship, discussing a possible sexual relationship and engaging in significant late-night and early-morning communications, constituted unsatisfactory professional conduct but not, by itself, professional misconduct. Given the seriousness of the...

Jurisdiction
Australia
Judgment Date
11 December 2014
Procedural Posture
Professional Disciplinary Complaint Against a Registered Medical Practitioner Alleging Unsatisfactory Professional Conduct and Professional Misconduct / Principal Judgment After Inquiry; Findings on Complaints, Protective Orders and Costs
Outcome
Complaints of unsatisfactory professional conduct and professional misconduct were found proved. The practitioner's medical registration was suspended for three months, the suspension was stayed for 21 days, conditions were imposed on return to practice, and the practitioner was ordered to pay the HCCC's costs as...
Legal Topics
['unsatisfactory Professional Conduct' 'professional Misconduct' 'doctor Patient Boundaries' 'sexual Relationship With Patient' 'treatment of Patients in Close Personal Relationships' 'use of Text Messaging and Facebook for Patient Communications' 'protective Orders' 'costs in Disciplinary Proceedings']
['administrative Law' 'health Law' 'professional Discipline'] ['unsatisfactory Professional Conduct' 'professional Misconduct' 'doctor Patient Boundaries' 'sexual Relationship With Patient' 'treatment of Patients in Close Personal Relationships' 'use of Text Messaging and Facebook for Patient Communications' 'protective Orders' 'costs in Disciplinary Proceedings']

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Procedural Posture

Professional Disciplinary Complaint Against a Registered Medical Practitioner Alleging Unsatisfactory Professional Conduct and Professional Misconduct / Principal Judgment After Inquiry; Findings on Complaints, Protective Orders and Costs

Legal Issues

  1. 1 ['Whether the practitioner failed to maintain proper professional boundaries with Patient A before and after commencing a sexual relationship while treating him and also treating Patient B and Patient C.' 'Whether the practitioner failed to maintain proper professional boundaries with Patient D by maintaining a close personal relationship, discussing a possible sexual relationship and exchanging numerous text messages while treating him.' 'Whether the established conduct constituted unsatisfactory professional conduct or professional misconduct under the Health Practitioner Regulation National Law.' 'What protective orders were appropriate, including whether cancellation, suspension or conditions were required.' "Whether the practitioner should pay the HCCC's costs."]

Ratio Decidendi

The practitioner committed unsatisfactory professional conduct and professional misconduct in relation to Patient A because, by April 2010 at the latest, the relationship had crossed professional boundaries and she continued to treat him, later entering and maintaining a sexual and de facto relationship while providing medical care. Her conduct concerning Patient D, including continuing to treat him while maintaining an intimate personal relationship, discussing a possible sexual relationship and engaging in significant late-night and early-morning communications, constituted unsatisfactory professional conduct but not, by itself, professional misconduct. Given the seriousness of the...

Court Disposition

Complaints of unsatisfactory professional conduct and professional misconduct were found proved. The practitioner's medical registration was suspended for three months, the suspension was stayed for 21 days, conditions were imposed on return to practice, and the practitioner was ordered to pay the HCCC's costs as...

Orders

  • ['The registration of Dr Biljana Nikolova-Trask on the register of medical practitioners maintained by AHPRA in conjunction with the Medical Board of Australia is suspended under s 149C(1)(b) of the Health Practitioner Regulation National Law for three months.' 'The operation of the suspension order is stayed 21...