Health Care Complaints Commission v Phillipson (No 2) [2021] NSWCATOD 144

Health Care Complaints Commission v Phillipson (No 2) [2021] NSWCATOD 144

A reprimand and conditions were required because Dr Phillipson's serious shortcomings in treating patient A, her long history of inadequate medical record keeping despite prior advice and courses, the May 2021 audit findings, and concerns about her insight and time spent with patients meant that conditions limiting her hours, patient numbers, scope of practice and requiring audits were appropriate protective measures to protect the public, uphold confidence in professional standards, denounce the misconduct and deter future misconduct.

Jurisdiction
Australia
Judgment Date
16 September 2021
Procedural Posture
Occupational Division Disciplinary Proceedings Concerning a Medical Practitioner / Stage 2 Determination of Protective Orders After a Finding of Unsatisfactory Professional Conduct
Outcome
Dr Phillipson was reprimanded and conditions were placed on her registration.
Legal Topics
['unsatisfactory Professional Conduct' 'protective Disciplinary Orders' 'conditions on Registration' 'medical Record Keeping' 'misdiagnosis of Ectopic Pregnancy' 'gp Shared Ante Natal Care']
['occupations' 'medical Practitioners' 'misconduct and Discipline'] ['unsatisfactory Professional Conduct' 'protective Disciplinary Orders' 'conditions on Registration' 'medical Record Keeping' 'misdiagnosis of Ectopic Pregnancy' 'gp Shared Ante Natal Care']

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Procedural Posture

Occupational Division Disciplinary Proceedings Concerning a Medical Practitioner / Stage 2 Determination of Protective Orders After a Finding of Unsatisfactory Professional Conduct

Legal Issues

  1. 1 ['What protective orders should be made under ss 149A and 149B of the Health Practitioner Regulation National Law (NSW) after Dr Phillipson was found guilty of unsatisfactory professional conduct.' "Whether conditions on Dr Phillipson's registration were necessary or appropriate in addition to a reprimand." 'Whether restrictions on practice could only be imposed if necessary under s 3(3)(c) of the Health Practitioner Regulation National Law (NSW).']

Ratio Decidendi

A reprimand and conditions were required because Dr Phillipson's serious shortcomings in treating patient A, her long history of inadequate medical record keeping despite prior advice and courses, the May 2021 audit findings, and concerns about her insight and time spent with patients meant that conditions limiting her hours, patient numbers, scope of practice and requiring audits were appropriate protective measures to protect the public, uphold confidence in professional standards, denounce the misconduct and deter future misconduct.

Court Disposition

Dr Phillipson was reprimanded and conditions were placed on her registration.

Orders

  • ['Dr Phillipson is reprimanded.' 'Dr Phillipson is to obtain Medical Council of NSW approval prior to changing the nature or place of her practice.' 'Dr Phillipson is to practise no more than 30 hours per week with no more than 6 hours in any 24 hour period.' 'Dr Phillipson is to treat no more than 4 patients in any...