Health Care Complaints Commission v McKay [2022] NSWCATOD 95

Health Care Complaints Commission v McKay [2022] NSWCATOD 95

Dr McKay’s conduct, including inappropriate invitation of a digital rectal examination by an anaesthetist without consent, taking non-clinical photographs of the patient, providing false or misleading information in hospital correspondence and failing to fully disclose relevant facts to the patient, as well as attempting to influence the patient regarding criminal proceedings, collectively constitutes unsatisfactory professional conduct and professional misconduct. The conduct is sufficiently serious to justify suspension of registration, given its significant departure from standards expected of medical practitioners, breaches of ethical codes, and the need to protect public and...

Parties
Applicant: Health Care Complaints Commission; Respondent: Dr Gary Donald McKay
Jurisdiction
Australia
Judgment Date
26 August 2022
Procedural Posture
Complaint (occupational Discipline) / Principal Judgment; Final Orders
Outcome
Professional misconduct established; orders made for suspension and costs.
Legal Topics
Medical Practitioners, Misconduct and Discipline, Unsatisfactory Professional Conduct, Improper or Unethical Conduct, Professional Misconduct, Protective Orders
Health Law Professional Regulation Medical Practitioners Misconduct and Discipline Unsatisfactory Professional Conduct Improper or Unethical Conduct Professional Misconduct Protective Orders

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Parties

Health Care Complaints Commission

Applicant

Dr Gary Donald McKay

Respondent

Procedural Posture

Complaint (occupational Discipline) / Principal Judgment; Final Orders

Legal Issues

  1. 1 Whether Dr McKay engaged in unsatisfactory professional conduct by inappropriate invitation for examination and non-clinical photography
  2. 2 Whether Dr McKay provided false and misleading information to the hospital and failed to adequately disclose events to the patient
  3. 3 Whether Dr McKay attempted to influence the patient regarding criminal proceedings

Ratio Decidendi

Dr McKay’s conduct, including inappropriate invitation of a digital rectal examination by an anaesthetist without consent, taking non-clinical photographs of the patient, providing false or misleading information in hospital correspondence and failing to fully disclose relevant facts to the patient, as well as attempting to influence the patient regarding criminal proceedings, collectively constitutes unsatisfactory professional conduct and professional misconduct. The conduct is sufficiently serious to justify suspension of registration, given its significant departure from standards expected of medical practitioners, breaches of ethical codes, and the need to protect public and...

Court Disposition

Professional misconduct established; orders made for suspension and costs.

Orders

  • Dr McKay's registration is suspended for three months from the date of the orders pursuant to s 149C of the Health Practitioner Regulation National Law (NSW).
  • Dr McKay is to pay the costs of the Health Care Complaints Commission pursuant to Clause 13, Schedule 5D of the Health Practitioner Regulation National Law, as agreed or assessed.