RE: Dr Epifania Sherfan [2002] NSWMT 3

RE: Dr Epifania Sherfan [2002] NSWMT 3

The Tribunal held that Dr Sherfan's repeated false or misleading Medicare claims, further claims made without providing required patient details or copies, prior similar convictions, failure to comply with an earlier remedial condition, and equivocal insight into wrongdoing made her conduct sufficiently serious to constitute professional misconduct, established convictions within Sec 64(1)(c), and showed that she was not of good character within Sec 64(1)(d). The seriousness of the conduct required removal from the Register of Medical Practitioners despite evidence of competence, care and community involvement.

Jurisdiction
Australia
Judgment Date
12 April 2002
Procedural Posture
Medical Disciplinary Complaint Alleging Unsatisfactory Professional Conduct, Professional Misconduct, Convictions and Lack of Good Character / Reasons for Determination After the Complaint Was Admitted
Outcome
Complaint upheld; Dr Sherfan's name ordered to be removed from the Register of Medical Practitioners, with a two-year bar on review and costs against her.
Legal Topics
['unsatisfactory Professional Conduct' 'professional Misconduct' 'medicare False or Misleading Claims' 'good Character' 'removal From Register of Medical Practitioners' 'costs']
['health Law' 'professional Discipline' 'medical Practitioner Regulation'] ['unsatisfactory Professional Conduct' 'professional Misconduct' 'medicare False or Misleading Claims' 'good Character' 'removal From Register of Medical Practitioners' 'costs']

Case Brief

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Procedural Posture

Medical Disciplinary Complaint Alleging Unsatisfactory Professional Conduct, Professional Misconduct, Convictions and Lack of Good Character / Reasons for Determination After the Complaint Was Admitted

Legal Issues

  1. 1 ['Whether Dr Sherfan was guilty of unsatisfactory professional conduct and/or professional misconduct within Sections 36 and 37 of the Medical Practice Act.' 'Whether Dr Sherfan had been convicted of offences falling within Sec 64(1)(c) of the Medical Practice Act.' 'Whether Dr Sherfan was not of good character within Sec 64(1)(d) of the Medical Practice Act.' 'What disciplinary orders should be made, including removal from the Register, a review bar and costs.']

Ratio Decidendi

The Tribunal held that Dr Sherfan's repeated false or misleading Medicare claims, further claims made without providing required patient details or copies, prior similar convictions, failure to comply with an earlier remedial condition, and equivocal insight into wrongdoing made her conduct sufficiently serious to constitute professional misconduct, established convictions within Sec 64(1)(c), and showed that she was not of good character within Sec 64(1)(d). The seriousness of the conduct required removal from the Register of Medical Practitioners despite evidence of competence, care and community involvement.

Court Disposition

Complaint upheld; Dr Sherfan's name ordered to be removed from the Register of Medical Practitioners, with a two-year bar on review and costs against her.

Orders

  • ['That the name of Dr Sherfan be removed from the Register of Medical Practitioners.' 'That an application for review of the above order may not be made for a period of two years from the date of this determination.' "That Dr Sherfan pay the Complainant's costs of the proceedings."]