Health Care Complaints Commission v Fleisch [2019] NSWCATOD 69

Health Care Complaints Commission v Fleisch [2019] NSWCATOD 69

Dr Fleisch's repeated personal interactions with Patient A in a casino gambling context, acceptance or use of benefits connected with Patient A's VIP gambling card, discussion of his own gambling and medication, and inadequate professional boundaries with a vulnerable psychiatric patient constituted unsatisfactory professional conduct. His medical records for Patient A were manifestly inadequate and grossly deficient, including in relation to treatments and medication, and would not have enabled another practitioner to continue management. Taken together, the multiple instances of unsatisfactory professional conduct were sufficiently serious to amount to professional misconduct. Dr...

Jurisdiction
Australia
Judgment Date
10 May 2019
Procedural Posture
Professional Disciplinary Proceedings Against a Psychiatrist in the Occupational Division of the NSW Civil and Administrative Tribunal / Principal Judgment After Hearing of Four Complaints Brought by the Health Care Complaints Commission
Outcome
Complaints One, Two, Three and Four were established; Dr Fleisch was reprimanded, conditions were imposed on his registration, non-publication orders were made, release of the decision by the HCCC was permitted, reasons were to be forwarded to relevant supervisors and practitioners, and costs were ordered.
Legal Topics
['unsatisfactory Professional Conduct' 'professional Misconduct' 'impairment' 'professional Boundaries With Patients' 'medical Record Keeping' 'conditions on Medical Registration' 'psychiatric Practice Supervision' 'costs']
['health Practitioner Regulation' 'professional Discipline' 'administrative Law'] ['unsatisfactory Professional Conduct' 'professional Misconduct' 'impairment' 'professional Boundaries With Patients' 'medical Record Keeping' 'conditions on Medical Registration' 'psychiatric Practice Supervision' 'costs']

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Procedural Posture

Professional Disciplinary Proceedings Against a Psychiatrist in the Occupational Division of the NSW Civil and Administrative Tribunal / Principal Judgment After Hearing of Four Complaints Brought by the Health Care Complaints Commission

Legal Issues

  1. 1 ['Whether Dr Fleisch engaged in boundary violations in his treatment of and involvement with Patient A, including interactions at the Star City Casino.' "Whether Dr Fleisch's medical records for Patient A were inadequate and contravened record-keeping obligations." 'Whether the admitted and proved conduct amounted to unsatisfactory professional conduct or professional misconduct.' 'Whether Dr Fleisch had an impairment within the meaning of s 5 of the National Law.' 'What protective orders or conditions were required to protect the public and maintain professional standards.']

Ratio Decidendi

Dr Fleisch's repeated personal interactions with Patient A in a casino gambling context, acceptance or use of benefits connected with Patient A's VIP gambling card, discussion of his own gambling and medication, and inadequate professional boundaries with a vulnerable psychiatric patient constituted unsatisfactory professional conduct. His medical records for Patient A were manifestly inadequate and grossly deficient, including in relation to treatments and medication, and would not have enabled another practitioner to continue management. Taken together, the multiple instances of unsatisfactory professional conduct were sufficiently serious to amount to professional misconduct. Dr...

Court Disposition

Complaints One, Two, Three and Four were established; Dr Fleisch was reprimanded, conditions were imposed on his registration, non-publication orders were made, release of the decision by the HCCC was permitted, reasons were to be forwarded to relevant supervisors and practitioners, and costs were ordered.

Orders

  • ['The Respondent, Dr Fleisch, is reprimanded.' "Conditions are imposed on Dr Fleisch's registration." 'The names of any person who has been a patient of the Respondent who has given or who has been referred to in the evidence shall not be disclosed to any person or entity.' 'A copy of this decision may be released...