Health Care Complaints Commission v Dr Safi (No2) [2017] NSWCATOD 69

Health Care Complaints Commission v Dr Safi (No2) [2017] NSWCATOD 69

The Tribunal found, on corroborated evidence including a recorded conversation, that the respondent inappropriately touched Patient A's clitoris and vagina in a manner and for a duration inconsistent with clinical purpose, and subsequently hugged and kissed her, constituting professional misconduct of a sexual nature. These acts were serious enough to justify suspension or cancellation of registration. Complaints of inadequate record keeping were admitted, but were found not to meet the threshold of unsatisfactory professional conduct. Complaint Two Particulars 1(a), (b), 2 and 3(a)-(c) were established to the required standard; other particulars and complaints were not made out.

Jurisdiction
Australia
Judgment Date
09 May 2017
Procedural Posture
Disciplinary/occupational / Liability Determination, Stood Over for Stage 2 Protective Orders
Outcome
Respondent is found guilty of professional misconduct; proceedings stood over for determination of protective orders.
Legal Topics
['professional Misconduct' 'medical Practitioner Standards' 'sexual Misconduct' 'clinical Record Keeping' 'consent in Medical Examinations']
['health Law' 'professional Discipline'] ['professional Misconduct' 'medical Practitioner Standards' 'sexual Misconduct' 'clinical Record Keeping' 'consent in Medical Examinations']

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Procedural Posture

Disciplinary/occupational / Liability Determination, Stood Over for Stage 2 Protective Orders

Legal Issues

  1. 1 ['Whether the respondent engaged in unsatisfactory professional conduct and/or professional misconduct in the course of a medical examination of Patient A on 9 February 2012.' "Whether the respondent's conduct was of a sexual nature without clinical justification." 'Whether the respondent failed to maintain adequate clinical records.']

Ratio Decidendi

The Tribunal found, on corroborated evidence including a recorded conversation, that the respondent inappropriately touched Patient A's clitoris and vagina in a manner and for a duration inconsistent with clinical purpose, and subsequently hugged and kissed her, constituting professional misconduct of a sexual nature. These acts were serious enough to justify suspension or cancellation of registration. Complaints of inadequate record keeping were admitted, but were found not to meet the threshold of unsatisfactory professional conduct. Complaint Two Particulars 1(a), (b), 2 and 3(a)-(c) were established to the required standard; other particulars and complaints were not made out.

Court Disposition

Respondent is found guilty of professional misconduct; proceedings stood over for determination of protective orders.

Orders

  • ['The respondent is found guilty of the conduct set out in Complaint Two Particulars 1(a) and (b), 2 and 3(a), (b) and (c).' 'The respondent is found guilty of professional misconduct as set out in Complaint Four, having engaged in unsatisfactory professional conduct of a sufficiently serious nature to justify...