Health Care Complaints Commission v Marino [2016] NSWCATOD 37

Health Care Complaints Commission v Marino [2016] NSWCATOD 37

The Tribunal found, on the balance of probabilities and applying the Briginshaw standard, that Dr Marino was guilty of unsatisfactory professional conduct for inadequate clinical assessment, inappropriate prescribing, and inadequate record keeping in relation to Patient A, as well as serious breaches of professional boundaries (including sexual contact with a patient) constituting professional misconduct under the Health Practitioner Regulation National Law (NSW).

Parties
Complainant: Health Care Complaints Commission; Respondent: Dr Giuliano Marino
Jurisdiction
Australia
Judgment Date
05 April 2016
Procedural Posture
Professional Discipline / Liability Hearing (stage 1 of Two Stage Process); Proceedings Stood Over for Stage 2 – Determination of Orders
Outcome
Respondent found guilty of unsatisfactory professional conduct and professional misconduct.
Legal Topics
Unsatisfactory Professional Conduct, Professional Misconduct, Medical Records, Prescription of Medication, Sexual Boundaries in Doctor Patient Relationship
Health Law Professional Discipline Unsatisfactory Professional Conduct Professional Misconduct Medical Records Prescription of Medication Sexual Boundaries in Doctor Patient Relationship

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Parties

Health Care Complaints Commission

Complainant

Dr Giuliano Marino

Respondent

Procedural Posture

Professional Discipline / Liability Hearing (stage 1 of Two Stage Process); Proceedings Stood Over for Stage 2 – Determination of Orders

Legal Issues

  1. 1 Whether the respondent was guilty of unsatisfactory professional conduct and/or professional misconduct under the Health Practitioner Regulation National Law (NSW) in relation to treatment of Patient A, record keeping, prescribing medication, and maintenance of professional boundaries, including sexual misconduct.

Ratio Decidendi

The Tribunal found, on the balance of probabilities and applying the Briginshaw standard, that Dr Marino was guilty of unsatisfactory professional conduct for inadequate clinical assessment, inappropriate prescribing, and inadequate record keeping in relation to Patient A, as well as serious breaches of professional boundaries (including sexual contact with a patient) constituting professional misconduct under the Health Practitioner Regulation National Law (NSW).

Court Disposition

Respondent found guilty of unsatisfactory professional conduct and professional misconduct.

Orders

  • Proceedings stood over for stage 2 hearing (orders/protective measures) on 26 April 2016.