Background The practitioner is a gastroenterologist and hepatologist who regularly performs colonoscopies and rectal examinations on sedated female patients. Allegations were made against the practitioner regarding two incidents of digital vaginal penetration of two...
Daniel Spencer
Not a fact finding exercise: Supreme Court dismisses Board appeal on immediate action
The appeal was principally concerned with the statutory interpretation of section 156(1)(a) of the National Law. That section provides, relevantly, that the Board may take immediate action if the Board reasonably believes that: because of the practitioner’s conduct,...
Case Summary | Queensland GP avoids suspension following sex with patient
Background Patient A was a patient of the practitioner for 7 years (from 2011 to 2018), during which time he provided her general medical services, prescriptions and antenatal care. In September 2015, the practitioner employed Patient A on a casual basis at his...
Case Summary | Doctor suspended and reprimanded for assisting partner’s suicide
Facts In 2014 Dr Godwin’s partner, Patient A, was terminally ill with breast cancer. On 22 July 2014 she took her own life. Dr Godwin assisted in her suicide by providing her with morphine, hanging the bag of morphine on a broomstick, inserting a cannula for...
12 commandments to mitigate Ahpra notifications
While the receipt of a notification is not within your control, what you do in caring for your patients – from an initial consult through to discharge – certainly is. And while it is the quality of the care which is critically important, the documentation of such care...
Avoiding an AHPRA complaint: how to mitigate the risk
The expression applies as much to events happening in our lives, as it does to health practitioners who seek to avoid the dreaded notice from AHPRA advising of a notification or investigation about them. Practitioners do not have the luxury of selecting their patients...
Case summary | Failure to attend health assessment
The key issue Whether EEB’s conduct could be considered unprofessional conduct or professional misconduct under the National Law, and the most appropriate penalty. The background On 20 January 2017, the Board decided to take immediate action against EEB by way...
Case summary | GP’s registration cancelled after inappropriate prescription of drugs
The key issue The Tribunal was required to determine the appropriate disciplinary sanction to be imposed. The background The Health Care Complaints Commission (HCCC) commenced disciplinary proceedings against the respondent alleging unsatisfactory professional...
Case summary | Pharmacist guilty of professional misconduct
The key issue Whether the agreed position between the parties with respect to the penalty was appropriate. The background Between March 2010 and April 2018, the pharmacist initiated an intimate personal relationship with Patient 1, who was also an employee at...
Case summary | Tribunal overturns immediate action to suspend a practitioner’s registration
The key issue Whether the risk to the public and the public interest were such that Dr Rizwan Sami (Dr Sami) should be suspended from practice until the disciplinary proceedings were concluded. The background Dr Sami was a general practitioner who consulted the...