Health Care Complaints Commission v Mikhail [2021] NSWCATOD 103

Health Care Complaints Commission v Mikhail [2021] NSWCATOD 103

The practitioner engaged in professional misconduct by breaching supervision conditions over extended periods, providing false/misleading information to regulators and the Tribunal, and prescribing to herself and family members in breach of guidelines. These breaches collectively justified suspension and a reprimand as protective orders.

Jurisdiction
Australia
Judgment Date
29 July 2021
Procedural Posture
Disciplinary Proceedings / Final Orders Following Hearing
Outcome
Professional misconduct proven; protective orders made.
Legal Topics
['medical Practitioner Misconduct' 'unsatisfactory Professional Conduct' 'conditions on Registration' 'disciplinary Orders' 'costs' 'supervision Requirements']
['health Law' 'administrative Law' 'professional Regulation'] ['medical Practitioner Misconduct' 'unsatisfactory Professional Conduct' 'conditions on Registration' 'disciplinary Orders' 'costs' 'supervision Requirements']

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Procedural Posture

Disciplinary Proceedings / Final Orders Following Hearing

Legal Issues

  1. 1 ['Whether the practitioner breached registration conditions' 'Whether false/misleading information was provided to the Medical Council and Tribunal' 'Whether prescribing to self and family members breached guidelines' 'Whether conduct individually or collectively amounts to professional misconduct' 'Appropriate protective orders and costs']

Ratio Decidendi

The practitioner engaged in professional misconduct by breaching supervision conditions over extended periods, providing false/misleading information to regulators and the Tribunal, and prescribing to herself and family members in breach of guidelines. These breaches collectively justified suspension and a reprimand as protective orders.

Court Disposition

Professional misconduct proven; protective orders made.

Orders

  • ['Dr Evette Mikhail is reprimanded.' "Dr Evette Mikhail's registration as a medical practitioner is suspended for 9 months, commencing 21 days after these orders." 'On expiration of suspension, registration is subject to specified conditions including category C supervision, prohibition on treating or prescribing to...