Health Care Complaints Commission v Benness [2024] NSWCATOD 133

Health Care Complaints Commission v Benness [2024] NSWCATOD 133

Dr Benness engaged in unsatisfactory professional conduct by touching two patients' breasts without adequate informed consent or clinical justification during urogynaecological consultations. While serious, the conduct did not amount to improper or unethical conduct or professional misconduct, warranting a caution and educational/protective conditions rather than a permanent reprimand.

Jurisdiction
Australia
Judgment Date
29 August 2024
Procedural Posture
Disciplinary Proceedings / Protective Orders Following Findings of Unsatisfactory Professional Conduct
Outcome
Practitioner cautioned and conditions imposed on practice; costs ordered against Practitioner
Legal Topics
['medical Practitioner Regulation' 'informed Consent' 'professional Standards' 'protective Orders' 'costs']
['health Law' 'professional Discipline'] ['medical Practitioner Regulation' 'informed Consent' 'professional Standards' 'protective Orders' 'costs']

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

Disciplinary Proceedings / Protective Orders Following Findings of Unsatisfactory Professional Conduct

Legal Issues

  1. 1 ["Whether Dr Benness engaged in unsatisfactory professional conduct by touching patients' breasts without consent or clinical reason during consultations" 'What protective orders or conditions should be imposed in the public interest']

Ratio Decidendi

Dr Benness engaged in unsatisfactory professional conduct by touching two patients' breasts without adequate informed consent or clinical justification during urogynaecological consultations. While serious, the conduct did not amount to improper or unethical conduct or professional misconduct, warranting a caution and educational/protective conditions rather than a permanent reprimand.

Court Disposition

Practitioner cautioned and conditions imposed on practice; costs ordered against Practitioner

Orders

  • ['Pursuant to s149A(1)(a) of the National Law the Practitioner is cautioned.' 'The Practitioner is to conduct breast examination only in accordance with the RANZCOG Best Practice Guidelines for gynaecological examinations and procedures.' 'The Practitioner is to provide the name of a peer to be approved by the...