Re Dr Anthony Yan FONG [2007] NSWMT 5

Re Dr Anthony Yan FONG [2007] NSWMT 5

The Tribunal accepted Patient A's evidence as persuasive and found Dr Fong's evidence unsatisfactory. Most particulars concerning the inappropriate home visit, inadequate records, non-compliance with record requirements, and the false Medicare statement were proved or admitted. The Tribunal was not satisfied that Dr Fong kissed Patient A's neck, that the prostitution entry was deliberately false and misleading, or that he knew he had provided no treatment. Although indecent dealing with a patient would ordinarily require deregistration, Dr Fong's conduct was treated as a single aberration after nearly 30 years in general practice, and protective conditions were sufficient to address the...

Jurisdiction
Australia
Judgment Date
29 May 2007
Procedural Posture
Complaint of Unsatisfactory Professional Conduct And/or Professional Misconduct Against a Medical Practitioner / Final Decision and Orders of the Medical Tribunal
Outcome
Dr Fong was reprimanded, conditions were imposed on his registration, he was ordered to pay the costs of the proceedings, and the NSW Medical Board was made the review body for the conditions.
Legal Topics
['professional Boundaries' 'unsatisfactory Professional Conduct' 'professional Misconduct' 'medical Records' 'medicare Assignment Claim' 'conditions on Medical Registration' 'reprimand']
['health Law' 'professional Discipline' 'medical Practitioner Regulation'] ['professional Boundaries' 'unsatisfactory Professional Conduct' 'professional Misconduct' 'medical Records' 'medicare Assignment Claim' 'conditions on Medical Registration' 'reprimand']

Case Brief

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Procedural Posture

Complaint of Unsatisfactory Professional Conduct And/or Professional Misconduct Against a Medical Practitioner / Final Decision and Orders of the Medical Tribunal

Legal Issues

  1. 1 ['Whether Dr Fong failed to maintain proper professional boundaries during a home visit to Patient A on 13 January 2004.' 'Whether Dr Fong failed to make adequate and contemporaneous medical records and failed to comply with Schedule 2 of the Medical Practice Regulation 1998 and Medical Practice Regulation 2002.' 'Whether Dr Fong made a false and misleading medical record entry about Patient A discussing prostitution.' 'Whether Dr Fong made an improper claim for payment to the Health Insurance Commission for the home visit.' 'What protective orders were appropriate if the complaint was proved.']

Ratio Decidendi

The Tribunal accepted Patient A's evidence as persuasive and found Dr Fong's evidence unsatisfactory. Most particulars concerning the inappropriate home visit, inadequate records, non-compliance with record requirements, and the false Medicare statement were proved or admitted. The Tribunal was not satisfied that Dr Fong kissed Patient A's neck, that the prostitution entry was deliberately false and misleading, or that he knew he had provided no treatment. Although indecent dealing with a patient would ordinarily require deregistration, Dr Fong's conduct was treated as a single aberration after nearly 30 years in general practice, and protective conditions were sufficient to address the...

Court Disposition

Dr Fong was reprimanded, conditions were imposed on his registration, he was ordered to pay the costs of the proceedings, and the NSW Medical Board was made the review body for the conditions.

Orders

  • ['The name of the patient or any material capable of identifying the patient is not to be published.' 'Dr Anthony Yan Fong is reprimanded.' 'Dr Fong is to attend on a psychiatrist for treatment for as long as the psychiatrist considers necessary but for at least 12 months from the date of first consultation, with...