Health Care Complaints Commission v Dr Maendel (No 2) [2013] NSWMT 10

Health Care Complaints Commission v Dr Maendel (No 2) [2013] NSWMT 10

Given the proven findings of inappropriate treatment and failure to refer, but also the genuine intentions and significant remorse shown by the respondent, it is appropriate to impose a reprimand and specific practice conditions to apply for a period of one year should the respondent return to Australia, as well as to award costs against him.

Jurisdiction
Australia
Judgment Date
22 May 2013
Procedural Posture
Professional Misconduct Hearing / Protective Orders Determination After Liability Decision
Outcome
Protective orders made: Reprimand, practice conditions (to apply for 1 year upon resumption of practice in Australia), costs awarded to applicant.
Legal Topics
['protective Orders' 'misconduct by Medical Practitioner' 'treatment of Family Members' 'practice Conditions and Reprimand']
['health Law' 'professional Discipline'] ['protective Orders' 'misconduct by Medical Practitioner' 'treatment of Family Members' 'practice Conditions and Reprimand']

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Procedural Posture

Professional Misconduct Hearing / Protective Orders Determination After Liability Decision

Legal Issues

  1. 1 ['What protective orders are appropriate following findings of misconduct against a medical practitioner who treated his own mother without appropriate referrals or documentation?' "Should practice conditions and/or reprimand be imposed given the respondent's circumstances?"]

Ratio Decidendi

Given the proven findings of inappropriate treatment and failure to refer, but also the genuine intentions and significant remorse shown by the respondent, it is appropriate to impose a reprimand and specific practice conditions to apply for a period of one year should the respondent return to Australia, as well as to award costs against him.

Court Disposition

Protective orders made: Reprimand, practice conditions (to apply for 1 year upon resumption of practice in Australia), costs awarded to applicant.

Orders

  • ['The respondent is reprimanded.' 'If the respondent returns to practise in Australia he is to be subject to the conditions set out in the Annexure to these reasons for a period of one year from the commencement of such practise.' 'Pursuant to Section 163(1)(a) of the National Law the Medical Council of NSW is the...