Reputable practitioner accused of professional misconduct

Date: Jul 18, 2018

When a distinguished practitioner has been in the medical field for much of their life, it is easy to assume that no wrong could be done. However, in a recent case before the New South Wales Civil and Administrative Tribunal, the Health Care Complaint's Commission (HCCC) filed complaints against a practitioner of such level, for prescriptions he wrote and his failure to keep adequate clinical records, leading to a final complaint that he had shown significant professional misconduct.

Complaints against improper prescriptions and clinical records

Four complaints of unsatisfactory professional conduct were filed against the practitioner, who has been practising for over 30 years and now runs a clinic focused on treatments for sexual health, HIV, Hepatitis, and virology.

The first complaint was that he wrote improper prescriptions for five patients, including that he prescribed them what is known as the "Myers' cocktail." This substance combination is made up of magnesium, calcium, B vitamins, and vitamin C. It is normally used to treat dehydration, fatigue and depression in patients. The assertion against the practitioner states that in writing these prescriptions, his actions were below medical standards and he showed improper conduct, especially for someone at his level and experience. 

The second complaint asserted that the practitioner had violated regulations stipulated in the Poisons and Therapeutic Goods Regulation 2008 in order to prescribe a drug for a pharmacist. The third complaint was regarding the practitioner's failure to keep sufficient clinical records. And the fourth complaint asserted that because of the former three points, he had shown professional misconduct that was worthy of suspension or even cancellation of his registration.

Practitioner admits mistakes and decision is made

The practitioner admitted that he wrote these prescriptions and failed to keep adequate records, but asserted that he was guilty only of unsatisfactory professional conduct and not professional misconduct. Indeed, the Tribunal found that he was not guilty of professional misconduct and noted that he showed genuine remorse for his actions.

The practitioner's background in the industry, added to the fact that he had an otherwise unblemished record during his time in the medical field, seemed to help his case. It was ruled that the practitioner should only be cautioned and that he would pay 50 per cent of the Health Care Complaint's Commission's costs of the proceedings.

If you have questions about similar acts of medical professional misconduct, contact us today at Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers for more information.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.