Health Care Complaints Commission v Abdalla [2020] NSWCATOD 20

Procedural Posture

Disciplinary Proceedings Against a Registered Medical Practitioner Under Part 8 of the Health Practitioner Regulation National Law (nsw) / Principal Judgment Following Hearing on Amended Complaint, Determining Professional Misconduct, Protective Orders and Costs

Legal Issues

1. 1 ["Whether the practitioner's prescribing demonstrated knowledge, skill or judgment significantly below the standard reasonably expected of a practitioner of his level of training or experience." "Whether the practitioner's failures in prescribing and record keeping constituted professional misconduct under s 139E of the Health Practitioner Regulation National Law (NSW)." "Whether the practitioner's evidence that he took patients' reports of pain at face value and did not recognise drug seeking behaviours should be accepted." 'Whether protection of the public, reputation of the profession and deterrence required cancellation, suspension or conditions on registration.' "Whether the practitioner should pay all of the Health Care Complaints Commission's costs given the late withdrawal of Complaint Three."]

Ratio Decidendi

The Tribunal was independently satisfied that the practitioner engaged in repeated inappropriate prescribing of Schedule 8 and other drugs to 13 patients, often despite clear red flags of drug seeking or drug dependency, failed to keep proper records, and thereby engaged in unsatisfactory professional conduct of a sufficiently serious nature to justify suspension or cancellation. The Tribunal rejected the practitioner's explanation that he only recognised the problems with hindsight and found, in multiple instances, that he knew or ought to have known of drug seeking behaviour and was at least recklessly indifferent or wilfully ignored it. Because he made full admissions, undertook...

Court Disposition

The practitioner was found guilty of professional misconduct, reprimanded, and his registration was suspended for six months, with the suspension stayed for 21 days and conditions imposed on resumption of practice; he was ordered to pay the Commission's costs except costs associated with Complaint Three.

Orders

• ['The practitioner is reprimanded.' "The practitioner's registration is suspended for a period of six months." 'Order 2 of these orders is stayed for 21 days from the publication of these reasons and orders.' "On the expiration of the practitioner's suspension conditions are imposed on the practitioner's...