Health Care Complaints Commission v Bronstein (No 2) [2021] NSWCATOD 182

Health Care Complaints Commission v Bronstein (No 2) [2021] NSWCATOD 182

Because the respondent had been found to have engaged in unsatisfactory professional conduct in relation to patients A and B and professional misconduct in relation to patient A, protective orders were required. A reprimand and practice conditions were appropriate to protect the public, particularly given the respondent's failure to assist and keep clinical notes in relation to patient A and the Tribunal's concern that he was not suitable to be in charge of an Emergency Department. Suspension was not imposed because it would serve little purpose and would be potentially punitive. The respondent was ordered to pay the applicant's costs, which he did not oppose.

Jurisdiction
Australia
Judgment Date
15 November 2021
Procedural Posture
Health Practitioner Disciplinary Proceedings Concerning Protective Orders Following Findings of Unsatisfactory Professional Conduct and Professional Misconduct / Protective Orders After Findings Made on 11 November 2021
Outcome
Protective orders made: reprimand, practice conditions imposed on the respondent's registration, and the respondent ordered to pay the applicant's costs. Suspension was not ordered.
Legal Topics
['medical Practitioner Discipline' 'unsatisfactory Professional Conduct' 'professional Misconduct' 'protective Orders' 'reprimand' 'practice Conditions' 'costs']
['health Law' 'administrative Law' 'professional Discipline'] ['medical Practitioner Discipline' 'unsatisfactory Professional Conduct' 'professional Misconduct' 'protective Orders' 'reprimand' 'practice Conditions' 'costs']

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Procedural Posture

Health Practitioner Disciplinary Proceedings Concerning Protective Orders Following Findings of Unsatisfactory Professional Conduct and Professional Misconduct / Protective Orders After Findings Made on 11 November 2021

Legal Issues

  1. 1 ['What protective orders should be imposed following findings of unsatisfactory professional conduct and professional misconduct against the respondent medical practitioner.' 'Whether the respondent should be reprimanded, suspended, and subjected to conditions on practice.' "Whether the respondent should pay the applicant's costs of the proceedings."]

Ratio Decidendi

Because the respondent had been found to have engaged in unsatisfactory professional conduct in relation to patients A and B and professional misconduct in relation to patient A, protective orders were required. A reprimand and practice conditions were appropriate to protect the public, particularly given the respondent's failure to assist and keep clinical notes in relation to patient A and the Tribunal's concern that he was not suitable to be in charge of an Emergency Department. Suspension was not imposed because it would serve little purpose and would be potentially punitive. The respondent was ordered to pay the applicant's costs, which he did not oppose.

Court Disposition

Protective orders made: reprimand, practice conditions imposed on the respondent's registration, and the respondent ordered to pay the applicant's costs. Suspension was not ordered.

Orders

  • ['Under section 149A(1)(a) of the Health Practitioner Regulation National Law (NSW), the practitioner be reprimanded.' "Under section 149A(1) of the Health Practitioner Regulation National Law (NSW), conditions be imposed on the respondent's registration." 'The respondent is to practise only in a group practice...