Tribunal cancels practitioner’s registration over misconduct

Date: Jun 13, 2019

Here at Gerard Malouf & Partners, we have 800+ current matters relating to medical negligence either ready to be lodged or awaiting determination by the courts. Due to the sheer number of cases we deal with, our legal team have amassed a great deal of knowledge surrounding a diverse range of medical negligence claims. The below case highlights how medical negligence doesn't just cover mistakes on the operating table. Here's what you need to know.

Background of the case

On February 19, 2019, the Civil and Administrative Tribunal of NSW were faced with complaints brought forward by the Health Care Complaints Commission (HCCC) against a practitioner. These complaints related to professional misconduct and were comprised of the following:

  • The practitioner dishonestly used a credit card belonging to an elderly hospital patient for her own financial advantage whilst the patient was in her care.
  • The patient did not consent nor was she in the state to give consent for the use of her credit card, yet the practitioner knowingly took advantage of that vulnerability.
  • The practitioner tried to conceal her conduct by providing an untruthful account to her supervisor, and when investigated, the HCCC.
  • Following the incident the practitioner failed, as required under the National Law, to notify the Australian Health Practitioner Regulation Authority (AHPRA) that she had been charged with a criminal offence punishable by at least 12 months' imprisonment.

The HCCC sought cancellation of the practitioner's registration as a nurse for a period of 24 months. Furthermore, the Commission submitted that the medical professional posed a substantial risk to the health of members of the public, and therefore sought a prohibition order. More specifically, they wanted to prevent the practitioner from providing health services unless she is re-registered as a nurse.

What did the Tribunal decide?

After careful deliberation, the Tribunal felt the fraudulent conduct, opportunistic theft and dishonesty shown by the practitioner fell far below the standards reasonably expected of a registered nurse in her position. As such, it believed cancelling the respondent's registration was the appropriate course of action to take in order to protect the public.

If you feel that a medical professional has been negligent towards you or a loved one, it's time to seek legal action. Get in touch with the medical negligence lawyers at Gerard Malouf & Partners to find out how we can help you in your claim.

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