Doctor's registration canceled amid medical negligence claims

Date:May 07, 2019

Just weeks ago, the Civil and Administrative Tribunal of NSW were faced with a case including allegations of medical negligence against a practitioner. The practitioner was already on a restricted registration but the applicant (the Health Care Complaints Commission) felt the man had breached these conditions. 

What did the tribunal decide?

Background of the complaints

All complaints against the respondent related to the care of a number of female patients who saw the practitioner at different times. Negligence specifics were as follows:

  • Performed an inappropriate breast examination without consent.
  • Failed to allow patients to undress in privacy.
  • Conducted an inappropriate groin examination without consent.
  • Failed to provide explanations relating to referrals.
  • Engaged in inappropriate sexual behaviour with patients without consent.

The tribunal felt the man allowed his personal desires to affect the care of his patients.

Along with the aforementioned complaints, the tribunal also had to consider how the respondent had breached the conditions set out in his registration.

These conditions prevented the practitioner from consulting, examining, treating or performing procedures on female patients.

What did the tribunal decide?

Under the Civil Liability Act 2003 (NSW), which governs medical negligence and personal injury, a court cannot find a medical professional negligent if their actions were widely accepted by other competent practitioners in the same field. Therefore, the tribunal sought opinions from a number of medical professionals.

One doctor concluded that the conduct of the respondent was significantly below the standard of conduct reasonably required by a practitioner of equivalent training or experience. He continued to express that by not gaining consent for examinations, the practitioner had breached his duty of care. After reading the doctor's report and concluding the man had breached the conditions of his registration, the tribunal deemed the respondent had engaged in unsatisfactory professional conduct.

As such, the tribunal ordered that the practitioner's registration as a medical professional be canceled, and prevented him from providing any form of healthcare whilst unregistered. He can not apply for a review of the cancellation decision before 4 March, 2022.

If you feel that a medical professional has been negligent towards you in any way, it's important to speak up. Let us help you find your voice and work towards seeking justice for your trauma. Get in touch with the medical negligence lawyers at Gerard Malouf & Partners to find out more. 

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