HCCC v Dr Piyush JOGIA [2009] NSWMT 7

HCCC v Dr Piyush JOGIA [2009] NSWMT 7

The patient was a credible witness, her evidence was consistent with her immediate and later complaints and contemporaneous records, and there was no persuasive basis to infer fabrication; by contrast, the practitioner's notes and evidence were implausible and unreliable. The Tribunal was comfortably satisfied that the practitioner inappropriately rubbed the patient's genital area, and found that this was unprofessional conduct sufficiently serious to justify removal from the Register and amounted to professional misconduct.

Jurisdiction
Australia
Judgment Date
04 December 2009
Procedural Posture
Professional Misconduct Complaint / Final Hearing and Judgment
Outcome
Complaint established; practitioner found guilty of professional misconduct.
Legal Topics
['professional Misconduct' 'sexual Misconduct' 'removal From Register' 'briginshaw Standard']
['health Practitioner Regulation' 'professional Discipline'] ['professional Misconduct' 'sexual Misconduct' 'removal From Register' 'briginshaw Standard']

Case Brief

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Procedural Posture

Professional Misconduct Complaint / Final Hearing and Judgment

Legal Issues

  1. 1 ["Whether Dr Piyush JOGIA inappropriately rubbed the patient's genital area during a consultation on 12 December 2006." "Whether the established conduct amounted to professional misconduct justifying removal of the practitioner's name from the Register."]

Ratio Decidendi

The patient was a credible witness, her evidence was consistent with her immediate and later complaints and contemporaneous records, and there was no persuasive basis to infer fabrication; by contrast, the practitioner's notes and evidence were implausible and unreliable. The Tribunal was comfortably satisfied that the practitioner inappropriately rubbed the patient's genital area, and found that this was unprofessional conduct sufficiently serious to justify removal from the Register and amounted to professional misconduct.

Court Disposition

Complaint established; practitioner found guilty of professional misconduct.

Orders

  • ["The practitioner's name be removed from the Register." 'There be no application for review of this order for three years.']