Health Care Complaints Commission v Lu [2023] NSWCATOD 51

Health Care Complaints Commission v Lu [2023] NSWCATOD 51

The respondent admitted the conduct alleged in the Further Amended Complaint. Having regard to the agreed facts, the Nursing and Midwifery Board of Australia's Code of conduct for nurses, the Registered nurse standards for practice, and the uncontradicted expert opinions of Ms Kelly, the Tribunal was satisfied that the respondent's conduct in injecting unregistered or unapproved substances without prescription, in an inappropriate home setting, failing to follow relevant guidelines, administering an EpiPen without prescription or appropriate assessment, failing to appropriately manage and monitor Patient A, treating a family member, failing to consult a medical practitioner, and failing...

Jurisdiction
Australia
Judgment Date
01 May 2023
Procedural Posture
Health Practitioner Disciplinary Proceedings Concerning a Registered Nurse / Hearing on Admitted Further Amended Complaint, Protective Orders and Costs
Outcome
Findings of unsatisfactory professional conduct and professional misconduct made; respondent reprimanded and ordered to pay the applicant's costs.
Legal Topics
['unsatisfactory Professional Conduct' 'professional Misconduct' 'protective Orders' 'reprimand' 'costs' 'professional Boundaries' 'cosmetic Injections']
['health Practitioner Regulation' 'professional Discipline' 'nursing'] ['unsatisfactory Professional Conduct' 'professional Misconduct' 'protective Orders' 'reprimand' 'costs' 'professional Boundaries' 'cosmetic Injections']

Case Brief

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Procedural Posture

Health Practitioner Disciplinary Proceedings Concerning a Registered Nurse / Hearing on Admitted Further Amended Complaint, Protective Orders and Costs

Legal Issues

  1. 1 ['Whether the respondent engaged in conduct constituting Complaint One and whether that conduct constituted unsatisfactory professional conduct.' 'Whether the conduct constituting Complaint One amounted to professional misconduct.' 'Whether protective orders should be made against the respondent.' "Whether the respondent should pay the applicant's costs of the proceedings."]

Ratio Decidendi

The respondent admitted the conduct alleged in the Further Amended Complaint. Having regard to the agreed facts, the Nursing and Midwifery Board of Australia's Code of conduct for nurses, the Registered nurse standards for practice, and the uncontradicted expert opinions of Ms Kelly, the Tribunal was satisfied that the respondent's conduct in injecting unregistered or unapproved substances without prescription, in an inappropriate home setting, failing to follow relevant guidelines, administering an EpiPen without prescription or appropriate assessment, failing to appropriately manage and monitor Patient A, treating a family member, failing to consult a medical practitioner, and failing...

Court Disposition

Findings of unsatisfactory professional conduct and professional misconduct made; respondent reprimanded and ordered to pay the applicant's costs.

Orders

  • ['The respondent is reprimanded.' "The respondent to pay the applicant's costs of the proceedings in the amount of $18,000.00."]