Health Care Complaints Commission v Dr Ristevski [2012] NSWMT 23

Health Care Complaints Commission v Dr Ristevski [2012] NSWMT 23

The respondent's prolonged sexual relationship with Patient A while she remained his patient, his failure to maintain proper clinical records after July 2006, Patient A's vulnerability as a young married woman, mother and employee, and the Tribunal's rejection of the respondent's claimed insight and confidence that he would not re-offend made the misconduct sufficiently serious to constitute professional misconduct and required cancellation of registration for protection of the public and the profession.

Jurisdiction
Australia
Judgment Date
14 December 2012
Procedural Posture
Medical Disciplinary Complaint / Decision After Hearing on Complaints and Consequential Orders
Outcome
Complaints established; respondent reprimanded; registration cancelled with effect from 5pm on 31 January 2013; respondent ordered to pay the applicant's costs.
Legal Topics
['doctor Patient Boundaries' 'unsatisfactory Professional Conduct' 'professional Misconduct' 'medical Record Keeping' 'cancellation of Registration' 'reprimand' 'costs']
['health Law' 'professional Discipline'] ['doctor Patient Boundaries' 'unsatisfactory Professional Conduct' 'professional Misconduct' 'medical Record Keeping' 'cancellation of Registration' 'reprimand' 'costs']

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Procedural Posture

Medical Disciplinary Complaint / Decision After Hearing on Complaints and Consequential Orders

Legal Issues

  1. 1 ["Whether the respondent's admitted conduct constituted unsatisfactory professional conduct within Section 139B of the Health Practitioner Regulation National Law (NSW) No 86A." 'Whether the unsatisfactory professional conduct was of a sufficiently serious nature to constitute professional misconduct within Section 139E of the Health Practitioner Regulation National Law (NSW) No 86A.' "Whether the respondent's registration should be cancelled or whether lesser orders and conditions were appropriate." 'Whether the criminal finding for assault occasioning actual bodily harm justified cancellation of registration under Section 149C(1)(c).']

Ratio Decidendi

The respondent's prolonged sexual relationship with Patient A while she remained his patient, his failure to maintain proper clinical records after July 2006, Patient A's vulnerability as a young married woman, mother and employee, and the Tribunal's rejection of the respondent's claimed insight and confidence that he would not re-offend made the misconduct sufficiently serious to constitute professional misconduct and required cancellation of registration for protection of the public and the profession.

Court Disposition

Complaints established; respondent reprimanded; registration cancelled with effect from 5pm on 31 January 2013; respondent ordered to pay the applicant's costs.

Orders

  • ['The respondent is reprimanded.' "The respondent's registration is cancelled with effect from 5pm on 31 January 2013." "The respondent is to pay the applicant's costs of the proceedings."]