Health Care Complaints Commission v Silberberg [2019] NSWCATOD 56

Health Care Complaints Commission v Silberberg [2019] NSWCATOD 56

The practitioner's repeated and serious departures from accepted standards of medical prescribing, including excessive and unjustified use of powerful drugs for end of life patients and inadequate clinical record keeping, amount to professional misconduct. While cancellation of registration could be justified to...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 April 2019
Procedural Posture
Professional Disciplinary Proceeding / Final Decision and Orders
Outcome
The practitioner is reprimanded and her registration is suspended for six months, with suspension stayed for 21 days. On return, her registration is subject to restrictive conditions and ongoing supervision. She must submit to an audit, and pay the HCCC's costs as agreed or assessed.
Legal Topics
['medical Practitioners—disciplinary Proceedings' 'professional Misconduct' 'unsatisfactory Professional Conduct' 'end of Life Care' 'prescribing Standards']
['health Law' 'professional Discipline'] ['medical Practitioners—disciplinary Proceedings' 'professional Misconduct' 'unsatisfactory Professional Conduct' 'end of Life Care' 'prescribing Standards']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Professional Disciplinary Proceeding / Final Decision and Orders

Legal Issues

  1. 1 ["Whether the practitioner's conduct constituted unsatisfactory professional conduct and/or professional misconduct" "Whether the practitioner's registration should be cancelled or suspended" 'What protective orders are appropriate to protect the public and uphold standards of the profession']

Ratio Decidendi

The practitioner's repeated and serious departures from accepted standards of medical prescribing, including excessive and unjustified use of powerful drugs for end of life patients and inadequate clinical record keeping, amount to professional misconduct. While cancellation of registration could be justified to maintain public confidence and deter misconduct, the practitioner's admissions, insight, compliance with prior conditions, and evidence from referees indicate that suspension with stringent conditions is an appropriate, proportionate, and protective response.

Court Disposition

The practitioner is reprimanded and her registration is suspended for six months, with suspension stayed for 21 days. On return, her registration is subject to restrictive conditions and ongoing supervision. She must submit to an audit, and pay the HCCC's costs as agreed or assessed.

Orders

  • ['Dr Judith Silberberg is reprimanded.' 'Registration suspended for six months; suspension stayed for 21 days.' "On expiration of suspension, registration is subject to conditions: (a) prohibition on possessing, supplying, administering, or prescribing any drug of addiction (Schedule 8 drug) as defined in Poisons...