Health Care Complaints Commission v Robinson [2017] NSWCATOD 147

Health Care Complaints Commission v Robinson [2017] NSWCATOD 147

The Tribunal found significant instances of unsatisfactory professional conduct proved concerning Patient A, Patient C, Patient D, clinical record failures, self-prescribing, and prescribing to a close family member. Although the Patient B facts were substantially established, that conduct was not found to be significantly below the relevant standard because the planned operation was cancelled. The misconduct concerning Patients A, C and D was particularly serious, and when aggregated with the other misconduct justified suspension or cancellation of registration, so the respondent was guilty of professional misconduct. The Tribunal was not satisfied at stage 1 that impairment had been...

Jurisdiction
Australia
Judgment Date
19 October 2017
Procedural Posture
Disciplinary Proceedings Concerning a Medical Practitioner / Stage 1 Hearing to Establish Complaints and Particulars; Stage 2 Hearing Stood Over for Protective Orders and Impairment Consideration
Outcome
The respondent was found guilty of professional misconduct; impairment consideration and further proceedings were stood over to a stage 2 hearing.
Legal Topics
['unsatisfactory Professional Conduct' 'professional Misconduct' 'impairment' 'surgical Care' 'self Prescribing' 'prescribing to Close Family Member' 'clinical Records']
['health Practitioner Regulation' 'professional Discipline' 'medical Law'] ['unsatisfactory Professional Conduct' 'professional Misconduct' 'impairment' 'surgical Care' 'self Prescribing' 'prescribing to Close Family Member' 'clinical Records']

Case Brief

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Procedural Posture

Disciplinary Proceedings Concerning a Medical Practitioner / Stage 1 Hearing to Establish Complaints and Particulars; Stage 2 Hearing Stood Over for Protective Orders and Impairment Consideration

Legal Issues

  1. 1 ["Whether the respondent's conduct in relation to Patients A, B, C and D amounted to unsatisfactory professional conduct under section 139B of the Health Practitioner Regulation National Law (NSW)." 'Whether failures to document clinical matters contravened the Health Practitioner Regulation (NSW) Regulation 2010 and amounted to unsatisfactory professional conduct.' 'Whether self-prescribing and prescribing to a close family member amounted to unsatisfactory professional conduct.' 'Whether the established instances of unsatisfactory professional conduct, individually or cumulatively, amounted to professional misconduct under section 139E of the Health Practitioner Regulation National Law (NSW).' 'Whether the respondent was impaired within the meaning of section 5 of the Health Practitioner Regulation National Law (NSW).']

Ratio Decidendi

The Tribunal found significant instances of unsatisfactory professional conduct proved concerning Patient A, Patient C, Patient D, clinical record failures, self-prescribing, and prescribing to a close family member. Although the Patient B facts were substantially established, that conduct was not found to be significantly below the relevant standard because the planned operation was cancelled. The misconduct concerning Patients A, C and D was particularly serious, and when aggregated with the other misconduct justified suspension or cancellation of registration, so the respondent was guilty of professional misconduct. The Tribunal was not satisfied at stage 1 that impairment had been...

Court Disposition

The respondent was found guilty of professional misconduct; impairment consideration and further proceedings were stood over to a stage 2 hearing.

Orders

  • ['The respondent is found guilty of professional misconduct.' 'Consideration of whether the respondent is impaired is stood over for further hearing to the stage 2 hearing.' 'The further proceedings are stood over for stage 2 hearing on 7 and 8 February 2018']