Health Care Complaints Commission v Duggan (No. 2) [2016] NSWCATOD 30

Health Care Complaints Commission v Duggan (No. 2) [2016] NSWCATOD 30

The tribunal found all particulars proved to the requisite civil standard. Mr Duggan engaged in clinically unjustified and inappropriate touching of three female patients, failed to obtain informed consent, and maintained inadequate or non-existent clinical documentation. His actions constituted both unsatisfactory...

Source-derived case information.

Parties
Applicant: Health Care Complaints Commission; Respondent: Garth Duggan
Jurisdiction
Australia
Judgment Date
17 March 2016
Procedural Posture
Disciplinary Proceeding / Principal Judgment
Outcome
Complaints proved; practitioner reprimanded, registration cancelled, prohibited from health service provision, non-publication order made, costs awarded to Commission.
Legal Topics
Professional Misconduct, Unprofessional Conduct, Informed Consent, Record Keeping, Osteopathy, Health Practitioner Regulation
Health Law Professional Discipline Professional Misconduct Unprofessional Conduct Informed Consent Record Keeping Osteopathy Health Practitioner Regulation

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Summary, issues, holding and outcome

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Parties

Health Care Complaints Commission

Applicant

Garth Duggan

Respondent

Procedural Posture

Disciplinary Proceeding / Principal Judgment

Legal Issues

  1. 1 Whether the practitioner engaged in professional misconduct and/or unsatisfactory professional conduct by inappropriately touching three female patients without clinical justification or informed consent;
  2. 2 Whether adequate clinical documentation and history taking was undertaken;
  3. 3 Whether the practitioner's actions breached professional and ethical standards, including those regarding informed consent and record keeping;

Ratio Decidendi

The tribunal found all particulars proved to the requisite civil standard. Mr Duggan engaged in clinically unjustified and inappropriate touching of three female patients, failed to obtain informed consent, and maintained inadequate or non-existent clinical documentation. His actions constituted both unsatisfactory professional conduct and professional misconduct under the National Law. The conduct demonstrated a grave breach of professional standards, particularly in regard to informed consent and treatment involving intimate physical contact. As such, cancellation of registration, a prohibition order against health service provision, non-publication orders, and costs to the Commission...

Court Disposition

Complaints proved; practitioner reprimanded, registration cancelled, prohibited from health service provision, non-publication order made, costs awarded to Commission.

Orders

  • The practitioner, Garth Duggan, is reprimanded in the strongest terms under s 149A(1)(a) of the National Law for his failure to adhere to the basic elements of informed patient consent.
  • The practitioner's registration as an Osteopath is cancelled from the date of this order (s 149C(1)(b) National Law).