A chiropractor found to have committed professional misconduct in relation to the inappropriate touching of five female patients had his registration cancelled and was disqualified from seeking re-registration for 4 years and 6 months. Dr Ebtash was also prohibited from providing any health service to female patients while he is unregistered.
In earlier proceedings, the Tribunal had found that Dr Ebtash had engaged in one or more acts which involved touching patients in a sexual manner without consent or clinical justification. Dr Ebtash’s clinical knowledge, skills and judgment were also found to be below the standard reasonably expected of a practitioner of equivalent training or experience in that he failed to appropriately assess each patient by undertaking an appropriate physical examination, failed to formulate a reasonable management plan and failed to engage in effective communication with each patient.
However, in determining the appropriate global penalty for his conduct, the Tribunal was not inclined to make an order that Dr Ebtash be reprimanded, although the parties were of the view that such an order should be made. Rather, the Tribunal found that a reprimand was not necessary because the Tribunal’s condemnation of Dr Ebtash’s conduct could not be more clearly conveyed than by the imposition of the far more substantial penalties it had identified. Further, the Tribunal stated that a reprimand was not appropriate because it is a penalty suitable for cases at the least serious end of the spectrum of disciplinary conduct. A reprimand would have no practical impact on the practitioner’s conduct of the profession. Understood that way, to impose a reprimand in a case where a far more serious penalty was also to be imposed appeared incongruous.
The Tribunal’s findings can be read here.
