Health Care Complaints Commission v Dr Il-Song Lee [2011] NSWMT 12

Health Care Complaints Commission v Dr Il-Song Lee [2011] NSWMT 12

Dr Lee's failure to maintain professional indemnity insurance constituted unsatisfactory professional conduct of a sufficiently serious nature to amount to professional misconduct, justifying his suspension. Although he was reckless and demonstrated poor administrative oversight, there was no finding of dishonesty. Regarding clinical record keeping, Dr Lee's admitted failures were found to amount to unsatisfactory professional conduct, but did not warrant deregistration.

Parties
Complainant: Health Care Complaints Commission; Respondent: Dr Il-Song Lee
Jurisdiction
Australia
Judgment Date
06 October 2011
Procedural Posture
Principal Judgment / Decision on Complaints and Orders
Outcome
Proven in part—professional misconduct found; suspension and conditions imposed
Legal Topics
Professional Misconduct, Medical Practice Standards, Professional Indemnity Insurance, Clinical Record Keeping, Protective Orders
Health Law Professional Regulation Professional Misconduct Medical Practice Standards Professional Indemnity Insurance Clinical Record Keeping Protective Orders

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Parties

Health Care Complaints Commission

Complainant

Dr Il-Song Lee

Respondent

Procedural Posture

Principal Judgment / Decision on Complaints and Orders

Legal Issues

  1. 1 Whether Dr Il-Song Lee practised medicine without approved professional indemnity insurance in contravention of statutory requirements
  2. 2 Whether Dr Il-Song Lee made false declarations regarding insurance in registration renewals
  3. 3 Whether Dr Il-Song Lee failed to comply with requests for insurance information

Ratio Decidendi

Dr Lee's failure to maintain professional indemnity insurance constituted unsatisfactory professional conduct of a sufficiently serious nature to amount to professional misconduct, justifying his suspension. Although he was reckless and demonstrated poor administrative oversight, there was no finding of dishonesty. Regarding clinical record keeping, Dr Lee's admitted failures were found to amount to unsatisfactory professional conduct, but did not warrant deregistration.

Court Disposition

Proven in part—professional misconduct found; suspension and conditions imposed

Orders

  • To suspend Dr Lee's registration for a period of 10 weeks to commence four weeks from the date of the orders pursuant to Section 149C(1) of the Health Practitioner Regulation National Law (NSW).
  • Dr Lee to provide a current certificate of professional indemnity insurance to both the National Board and the Medical Council of New South Wales within 14 days of lodging registration with the Australian Health Practitioner Regulation Agency (AHPRA) on an ongoing annual basis until review or revocation.