28 Mar 2019
NASSER SHEHATA v THE DIRECTOR OF PROCEEDINGS [2019] NZHC 615
- Citation
- [2019] NZHC 615
- Court
- High Court
The High Court upheld the Tribunal's three-month suspension because the Tribunal's factual findings — that Dr Shehata inserted a Mirena without informed consent, knew or ought to have known the patient had refused it, and demonstrated a paternalistic attitude and lack of insight — were open on the evidence and justified a proportionate suspension to protect the public and maintain professional standards; the Tribunal did not err in balancing mitigation and imposing suspension as the least restrictive effective sanction.