The Medical Practice Act 1992 re Dr Lam [2005] NSWMT 19

The Medical Practice Act 1992 re Dr Lam [2005] NSWMT 19

Dr Lam deliberately and recklessly prescribed anabolic steroids and other substances to patients without clinical justification, altered clinical records to falsely indicate erectile dysfunction, failed to adequately record and provide directions for prescriptions, and in the case of Patient M, prescribed quantities of Morphine exceeding his authority, amounting to professional misconduct warranting removal from the Register of medical practitioners.

Parties
Complainant: Health Care Complaints Commission; Respondent: Dr Chuen (Wallis) Lam
Jurisdiction
Australia
Judgment Date
07 July 2006
Procedural Posture
Disciplinary Tribunal Proceeding / Final Determination and Orders
Outcome
Dr Lam found guilty of professional misconduct; name removed from Register; costs to be paid; exhibits released; non-publication order for patient identities.
Legal Topics
Professional Misconduct, Unsatisfactory Professional Conduct, Medical Prescribing Practices, Records Management, Drug Regulation
Health Law Professional Discipline Professional Misconduct Unsatisfactory Professional Conduct Medical Prescribing Practices Records Management Drug Regulation

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Parties

Health Care Complaints Commission

Complainant

Dr Chuen (Wallis) Lam

Respondent

Procedural Posture

Disciplinary Tribunal Proceeding / Final Determination and Orders

Legal Issues

  1. 1 Whether Dr Lam engaged in professional misconduct by prescribing steroids and other drugs without clinical justification
  2. 2 Whether clinical records and prescription directions met regulatory standards
  3. 3 Whether conduct was sufficiently serious to justify removal from the medical register

Ratio Decidendi

Dr Lam deliberately and recklessly prescribed anabolic steroids and other substances to patients without clinical justification, altered clinical records to falsely indicate erectile dysfunction, failed to adequately record and provide directions for prescriptions, and in the case of Patient M, prescribed quantities of Morphine exceeding his authority, amounting to professional misconduct warranting removal from the Register of medical practitioners.

Court Disposition

Dr Lam found guilty of professional misconduct; name removed from Register; costs to be paid; exhibits released; non-publication order for patient identities.

Orders

  • Dr Lam found guilty of professional misconduct.
  • Dr Lam's name to be removed from the Register of medical practitioners.