Health Care Complaints Commission v Naiyer (No1) [2014] NSWCATOD 54

Health Care Complaints Commission v Naiyer (No1) [2014] NSWCATOD 54

The Tribunal preferred the evidence of Patients A and B over the respondent where material conflicts arose. It was comfortably satisfied that the respondent conducted and failed to record the 27 June 2011 physical examination of Patient A, that the examination was unnecessary and inadequate for detecting a sexually transmitted disease, and that this amounted to unsatisfactory professional conduct. It was not satisfied that the respondent knowingly provided false information when denying that examination. The Tribunal accepted that the respondent made inappropriate comments and gave his mobile number to Patient B, thereby failing to maintain professional boundaries and engaging in improper...

Jurisdiction
Australia
Judgment Date
13 May 2014
Procedural Posture
Medical Practitioner Disciplinary Complaint Alleging Unsatisfactory Professional Conduct and Professional Misconduct / Stage 1 Hearing on Whether Complaints Were Made Out; Proceedings Stood Over for Stage 2 Hearing on Appropriate Relief
Outcome
Complaints 1 and 2 were found made out in part; Complaint 3 was not determined at this stage and the proceedings were stood over for a further hearing on appropriate relief.
Legal Topics
['unsatisfactory Professional Conduct' 'professional Misconduct' 'professional Boundaries' 'medical Records' 'sexual Misconduct Allegations' 'health Care Complaints']
['health Practitioner Regulation' 'medical Disciplinary Law' 'administrative Law'] ['unsatisfactory Professional Conduct' 'professional Misconduct' 'professional Boundaries' 'medical Records' 'sexual Misconduct Allegations' 'health Care Complaints']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Medical Practitioner Disciplinary Complaint Alleging Unsatisfactory Professional Conduct and Professional Misconduct / Stage 1 Hearing on Whether Complaints Were Made Out; Proceedings Stood Over for Stage 2 Hearing on Appropriate Relief

Legal Issues

  1. 1 ['Whether the respondent failed to record a physical examination of Patient A on 27 June 2011 contrary to clause 7, Part 4 of the Health Practitioner Regulation (New South Wales) Regulation 2010.' 'Whether the respondent knowingly provided false information to the Health Care Complaints Commission by denying that he performed a physical examination on Patient A on 27 June 2011.' 'Whether the physical examination of Patient A on 27 June 2011 was necessary and sufficient to detect a sexually transmitted disease.' 'Whether the respondent failed to maintain appropriate professional boundaries and sought to initiate an inappropriate personal relationship with Patient B on 1 July 2011.' 'Whether the respondent engaged in inappropriate conduct of a sexual nature towards Patient A during the consultation on 5 July 2011.' 'Whether Complaint Three alleging professional misconduct under section 139E of the National Law should be determined at stage 1 or deferred to the stage 2 hearing.']

Ratio Decidendi

The Tribunal preferred the evidence of Patients A and B over the respondent where material conflicts arose. It was comfortably satisfied that the respondent conducted and failed to record the 27 June 2011 physical examination of Patient A, that the examination was unnecessary and inadequate for detecting a sexually transmitted disease, and that this amounted to unsatisfactory professional conduct. It was not satisfied that the respondent knowingly provided false information when denying that examination. The Tribunal accepted that the respondent made inappropriate comments and gave his mobile number to Patient B, thereby failing to maintain professional boundaries and engaging in improper...

Court Disposition

Complaints 1 and 2 were found made out in part; Complaint 3 was not determined at this stage and the proceedings were stood over for a further hearing on appropriate relief.

Orders

  • ['The Tribunal finds that Complaints 1 and 2 have been made out.' 'Publication prohibited of any material which would or might tend to identify any patient of the respondent.' 'The proceedings are stood over for further hearing at 10 am on 28 May 2014.']