Health Care Complaints Commission v Simonson (No. 2) [2017] NSWCATOD 103

Health Care Complaints Commission v Simonson (No. 2) [2017] NSWCATOD 103

The respondent's professional misconduct was serious, particularly in relation to patient care and the failure to arrange timely transfer of a young patient, and his failure to acknowledge adverse findings or express insight, contrition or remorse required a protective response. Cancellation was not necessary, but a three-month suspension, followed by agreed practice conditions including prohibition on hospital work, audits and mentoring, was appropriate to protect the public, deter the respondent and other practitioners, and uphold confidence in the medical profession.

Jurisdiction
Australia
Judgment Date
29 June 2017
Procedural Posture
Medical Practitioner Disciplinary Proceedings Concerning Professional Misconduct / Protective Orders and Costs Following Earlier Finding of Professional Misconduct
Outcome
The respondent's registration was suspended for three months, post-suspension practice conditions were imposed, and the respondent was ordered to pay 90% of the complainant's costs.
Legal Topics
['professional Misconduct' 'suspension of Medical Registration' 'practice Conditions' 'public Protection' 'costs']
['health Practitioner Regulation' 'professional Discipline' 'administrative Law'] ['professional Misconduct' 'suspension of Medical Registration' 'practice Conditions' 'public Protection' 'costs']

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Procedural Posture

Medical Practitioner Disciplinary Proceedings Concerning Professional Misconduct / Protective Orders and Costs Following Earlier Finding of Professional Misconduct

Legal Issues

  1. 1 ['What protective orders should be made after the respondent was found guilty of professional misconduct' "Whether suspension of the respondent's registration was justified" 'What practice conditions should apply after any suspension' 'What costs order should be made']

Ratio Decidendi

The respondent's professional misconduct was serious, particularly in relation to patient care and the failure to arrange timely transfer of a young patient, and his failure to acknowledge adverse findings or express insight, contrition or remorse required a protective response. Cancellation was not necessary, but a three-month suspension, followed by agreed practice conditions including prohibition on hospital work, audits and mentoring, was appropriate to protect the public, deter the respondent and other practitioners, and uphold confidence in the medical profession.

Court Disposition

The respondent's registration was suspended for three months, post-suspension practice conditions were imposed, and the respondent was ordered to pay 90% of the complainant's costs.

Orders

  • ['The registration of the respondent is suspended pursuant to section 149C(1) of the Health Practitioner Regulation National Law for a period of three months with effect one month from this date.' 'Immediately following the expiry of the period of the suspension of the respondent the following conditions shall take...