Health Care Complaints Commission v Chen [2021] NSWCATOD 71

Health Care Complaints Commission v Chen [2021] NSWCATOD 71

The Tribunal found that the evidence from Patients A, B, and C was credible and contemporaneous, and Mr Chen's evidence should be approached with caution due to evasiveness, implausibility, and recent invention. Patient complaints, corroborated by their statements and oral evidence, established that Mr Chen failed to observe professional boundaries, engaged in inappropriate conduct of a sexual nature, failed to provide proper diagnosis and prognosis, made misleading statements about herbal products, and failed to obtain informed consent. Accordingly, the factual elements of Complaints One and Two were established to the civil standard.

Parties
Applicant: Health Care Complaints Commission; Respondent: Peter Che Nan Chen
Jurisdiction
Australia
Judgment Date
28 May 2021
Procedural Posture
Disciplinary Proceedings / Stage 1 Hearing; Factual Findings and Listing for Stage 2 Directions
Outcome
Findings of fact made; Stage 2 hearing listed to determine disciplinary sanction.
Legal Topics
Professional Misconduct, Unsatisfactory Professional Conduct, Registration Suitability, Informed Consent, Professional Boundaries, Sexual Misconduct, Diagnosis and Prognosis in Chinese Medicine
Health Law Professional Discipline Professional Misconduct Unsatisfactory Professional Conduct Registration Suitability Informed Consent Professional Boundaries Sexual Misconduct +1 more

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Parties

Health Care Complaints Commission

Applicant

Peter Che Nan Chen

Respondent

Procedural Posture

Disciplinary Proceedings / Stage 1 Hearing; Factual Findings and Listing for Stage 2 Directions

Legal Issues

  1. 1 Whether Mr Chen failed to observe appropriate professional boundaries with Patients A, B, and C
  2. 2 Whether Mr Chen engaged in inappropriate conduct of a sexual nature
  3. 3 Whether Mr Chen failed to provide proper diagnosis, prognosis, and regular re-assessment to Patient B

Ratio Decidendi

The Tribunal found that the evidence from Patients A, B, and C was credible and contemporaneous, and Mr Chen's evidence should be approached with caution due to evasiveness, implausibility, and recent invention. Patient complaints, corroborated by their statements and oral evidence, established that Mr Chen failed to observe professional boundaries, engaged in inappropriate conduct of a sexual nature, failed to provide proper diagnosis and prognosis, made misleading statements about herbal products, and failed to obtain informed consent. Accordingly, the factual elements of Complaints One and Two were established to the civil standard.

Court Disposition

Findings of fact made; Stage 2 hearing listed to determine disciplinary sanction.

Orders

  • The Tribunal finds Particulars 1(a)-(d), 2, 3, 6, 7, 8, and 9 of Complaint One are established.
  • The Tribunal finds Particulars 4 and 5 of Complaint One are not established.