In Re Dr Gregory WILCOX [2007] NSWMT 3

In Re Dr Gregory WILCOX [2007] NSWMT 3

Dr Wilcox's persistent poor record keeping, inappropriate drug prescribing (including to bodybuilders for non-medical indications), and breaches of restrictions imposed by the Medical Board, taken together, constituted both unsatisfactory professional conduct and professional misconduct, demonstrating indifference to accepted standards and the obligations of medical registration. However, given improvements and ongoing oversight, removal from the register was not warranted but stringent conditions and penalties were justified.

Parties
Applicant: Health Care Complaints Commission; Respondent: Dr Gregory Wilcox
Jurisdiction
Australia
Judgment Date
26 April 2007
Procedural Posture
Tribunal Complaint/disciplinary Proceeding / Final Judgment
Outcome
Findings of unsatisfactory professional conduct and professional misconduct; reprimand; imposition of conditions; fine imposed; costs to applicant
Legal Topics
Professional Misconduct, Unsatisfactory Professional Conduct, Medical Record Keeping, Drug Prescription Regulation
Medical Law Professional Regulation Professional Misconduct Unsatisfactory Professional Conduct Medical Record Keeping Drug Prescription Regulation

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Parties

Health Care Complaints Commission

Applicant

Dr Gregory Wilcox

Respondent

Procedural Posture

Tribunal Complaint/disciplinary Proceeding / Final Judgment

Legal Issues

  1. 1 Whether Dr Wilcox was guilty of unsatisfactory professional conduct or professional misconduct in relation to prescription and use of drugs and medical record keeping
  2. 2 Whether Dr Wilcox breached conditions imposed on his medical registration

Ratio Decidendi

Dr Wilcox's persistent poor record keeping, inappropriate drug prescribing (including to bodybuilders for non-medical indications), and breaches of restrictions imposed by the Medical Board, taken together, constituted both unsatisfactory professional conduct and professional misconduct, demonstrating indifference to accepted standards and the obligations of medical registration. However, given improvements and ongoing oversight, removal from the register was not warranted but stringent conditions and penalties were justified.

Court Disposition

Findings of unsatisfactory professional conduct and professional misconduct; reprimand; imposition of conditions; fine imposed; costs to applicant

Orders

  • Tribunal reprimands Dr Wilcox (s 61(1)(a) Medical Practice Act 1992)
  • Dr Wilcox to pay a fine of $25,000 to the NSW Medical Board within 28 days (s 62 Medical Practice Act 1992)