HCCC v Dr Gow [2008] NSWMT 2

HCCC v Dr Gow [2008] NSWMT 2

The respondent's isolated but egregious errors in prescribing morphine tartrate without appropriate directions or documentation, resulting in the wrongful death of a patient, constituted professional misconduct despite the absence of dishonourable intent, in light of the objective seriousness of the breach of standards and the conviction for manslaughter.

Parties
Applicant: Health Care Complaints Commission; Respondent: Dr Arthur Garry Gow
Jurisdiction
Australia
Judgment Date
21 October 2008
Procedural Posture
Disciplinary Tribunal Proceeding / Determination and Orders After Hearing
Outcome
Professional misconduct found; conditions imposed on the respondent's registration.
Legal Topics
Professional Misconduct, Unsatisfactory Professional Conduct, Medical Negligence, Control of Drugs of Addiction, Fitness to Practice
Medical Law Professional Discipline Professional Misconduct Unsatisfactory Professional Conduct Medical Negligence Control of Drugs of Addiction Fitness to Practice

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Parties

Health Care Complaints Commission

Applicant

Dr Arthur Garry Gow

Respondent

Procedural Posture

Disciplinary Tribunal Proceeding / Determination and Orders After Hearing

Legal Issues

  1. 1 Whether the respondent's conduct constituted unsatisfactory professional conduct and/or professional misconduct under the Medical Practice Act 1992
  2. 2 Appropriate consequences and conditions in relation to the respondent's registration to practice medicine

Ratio Decidendi

The respondent's isolated but egregious errors in prescribing morphine tartrate without appropriate directions or documentation, resulting in the wrongful death of a patient, constituted professional misconduct despite the absence of dishonourable intent, in light of the objective seriousness of the breach of standards and the conviction for manslaughter.

Court Disposition

Professional misconduct found; conditions imposed on the respondent's registration.

Orders

  • The respondent not prescribe Schedule 8 medications for a period of 2 years.
  • The respondent is to continue to attend his treating psychiatrist at intervals determined by the psychiatrist.