HCCC v Dr Steven Goodman [2007] NSWMT 9

HCCC v Dr Steven Goodman [2007] NSWMT 9

Dr Goodman’s conduct amounted to an abandonment of the knowledge, skill, judgment, and care expected of a medical practitioner, involving persistent and egregious breaches of statutory and regulatory standards regarding the prescription of restricted substances and drugs of addiction, and failure to keep adequate records or act in patients’ best interests, culminating in professional misconduct of the gravest kind and justifying removal from the Register of Medical Practitioners.

Parties
Complainant: Health Care Complaints Commission; Respondent: Dr Steven Goodman
Jurisdiction
Australia
Judgment Date
04 April 2007
Procedural Posture
Disciplinary Tribunal Proceedings / Final Determination and Orders
Outcome
Professional misconduct found; removal from Register of Medical Practitioners ordered.
Legal Topics
Professional Misconduct, Unsatisfactory Professional Conduct, Medical Regulation, Prescription of Drugs of Addiction, Record Keeping Requirements
Health Law Professional Discipline Professional Misconduct Unsatisfactory Professional Conduct Medical Regulation Prescription of Drugs of Addiction Record Keeping Requirements

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Parties

Health Care Complaints Commission

Complainant

Dr Steven Goodman

Respondent

Procedural Posture

Disciplinary Tribunal Proceedings / Final Determination and Orders

Legal Issues

  1. 1 Whether Dr Goodman was guilty of unsatisfactory professional conduct and/or professional misconduct under the Medical Practice Act 1992 by prescribing restricted substances and drugs of addiction contrary to professional standards, regulations, and laws;
  2. 2 Whether Dr Goodman failed to keep adequate medical records as required by law;
  3. 3 Whether Dr Goodman failed to exercise adequate medical judgment and care in the treatment of his patients, including proper referral and counselling;

Ratio Decidendi

Dr Goodman’s conduct amounted to an abandonment of the knowledge, skill, judgment, and care expected of a medical practitioner, involving persistent and egregious breaches of statutory and regulatory standards regarding the prescription of restricted substances and drugs of addiction, and failure to keep adequate records or act in patients’ best interests, culminating in professional misconduct of the gravest kind and justifying removal from the Register of Medical Practitioners.

Court Disposition

Professional misconduct found; removal from Register of Medical Practitioners ordered.

Orders

  • On the respondent’s undertaking that he will cease the practice of medicine at 8.00pm this day, the respondent’s name be removed from the Register of Medical Practitioners on 3rd May 2007.
  • The respondent be not permitted to apply to be re-registered for a period of three years from today.