23 Nov 2020
BEN-DOM v A PROFESSIONAL CONDUCT COMMITTEE APPOINTED BY THE MEDICAL COUNCIL OF NEW ZEALAND [2020] NZHC 3094
- Citation
- [2020] NZHC 3094
- Court
- High Court
The Court upheld the Tribunal's principal findings that the appellant's routine initiation of breast‑health discussions and performance of CBEs were not clinically justified under New Zealand standards, that the s100(4) theory‑of‑medicine defence did not apply, and that the conduct amounted to professional misconduct warranting censure, a $5,000 fine and substantial cost orders; the Court found two limited errors (an unjustified factual criticism about awareness of empty premises at the end of one consultation and an improper allocation of chaperone cost in the practice condition) and varied…