DR BALASUNDERAM BALAKRISHNAN [2001] NSWMT 3

DR BALASUNDERAM BALAKRISHNAN [2001] NSWMT 3

The Tribunal found that Dr Balakrishnan demonstrated major incompetence and serious negligence in the three patient cases, exhibited repeated departures from accepted professional standards, and failed to refer patients promptly. These failures amounted to unsatisfactory professional conduct within the meaning of the Medical Practice Act 1992.

Parties
Practitioner: Dr Balasunderam Balakrishnan; Complainant: Commissioner, Health Care Complaints Commission
Jurisdiction
Australia
Judgment Date
30 April 2001
Procedural Posture
Medical Disciplinary Proceeding / Decision of Medical Tribunal After Hearing
Outcome
Complaints substantiated; finding of unsatisfactory professional conduct; conditions placed on registration
Legal Topics
Medical Professional Misconduct, Unsatisfactory Professional Conduct, Ophthalmic Surgery Standards, Disciplinary Powers of Medical Tribunal
Health Law Professional Discipline Medical Professional Misconduct Unsatisfactory Professional Conduct Ophthalmic Surgery Standards Disciplinary Powers of Medical Tribunal

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Parties

Dr Balasunderam Balakrishnan

Practitioner

Commissioner, Health Care Complaints Commission

Complainant

Procedural Posture

Medical Disciplinary Proceeding / Decision of Medical Tribunal After Hearing

Legal Issues

  1. 1 Whether Dr Balasunderam Balakrishnan was guilty of unsatisfactory professional conduct or professional misconduct in relation to three patients' cataract surgeries
  2. 2 Whether failures in post-operative management and referrals constituted serious departures from accepted professional standards

Ratio Decidendi

The Tribunal found that Dr Balakrishnan demonstrated major incompetence and serious negligence in the three patient cases, exhibited repeated departures from accepted professional standards, and failed to refer patients promptly. These failures amounted to unsatisfactory professional conduct within the meaning of the Medical Practice Act 1992.

Court Disposition

Complaints substantiated; finding of unsatisfactory professional conduct; conditions placed on registration

Orders

  • The practitioner is severely reprimanded.
  • The practitioner's registration is subject to the condition that he not perform intra ocular surgery or microscopic ophthalmic surgery.