Disciplinary Cases Against Doctors

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In Australia, medical practitioners are regulated by the Australian Health Practitioner Regulation Agency (AHPRA). Legislation in each State governs the performance and conduct of doctors. If you wish to make a complaint about a doctor, our medical law solicitors may be of assistance. For further information, please contact our free legal helpine 1800 529 835, or complete the contact form on this page.

What is Unsatisfactory Professional Conduct?

The general meaning of unsatisfactory professional conduct is conduct that demonstrates the knowledge, skill or judgment possessed, or care exercised, by the practitioner in the practice of their profession is significantly below the standard that is reasonably expected of a practitioner of an equivalent level of training or experience.

What is Professional Misconduct?

Professional misconduct is generally unsatisfactory conduct of a sufficiently serious nature to justify suspension or cancellation of the practitioner's registration; or more than one instance of unsatisfactory professional conduct that, when the instances are considered together, amount to conduct of a sufficiently serious nature to justify suspension or cancellation of the practitioner's registration.

Examples of disciplinary cases:

Impairment

Reimers v Health Care Complaints Commission [2012] NSWCA 317

Disciplinary case involving a drug-addicted anaesthetist. The Court of Appeal confirmed that conduct flowing from an impairment may constitute professional misconduct.

Departure from accepted professional standards

Medical Board of Australia and Basu [2018] WASAT 82

This case involved a delivery of a baby by an obstetrician. The Tribunal found several issues regarding the delivery through vacuum extraction and forceps by Dr Abhijit Basu, an OBGYN; he behaved in a way that constituted professional misconduct. Dr Abhijit Basu's conduct was substantially below the standard reasonably expected of a registered health practitioner of an equivalent level of training or experience.

Mandatory Reporting

Health Care Complaints Commission v Talmadge [2016] NSWCATOD 16

Mandatory reporting was made by a colleague following the practitioner's admission of a patient relationship and his disordered or delusional thinking.

Lack of Medical Indemnity Insurance

Health Care Complaints Commission v Dr Denise Perroux [2011] NSWDC 99

Repeatedly failing to take out medical indemnity insurance.

Failure to disclose a medical error

Tasmanian Board of the Medical Board of Australia v David Edis [2014] TASHPT 1

Surgery had been performed at the C2/C3 level instead of the C3/C4 level of the patient's cervical spine. The practitioner failed to disclose the surgical error he made.

Fees

Health Care Complaints Commission v Flesker [2016] NSWCATOD 1

The doctor in this case claimed fees for assistance at operations while knowing that no such assistance had been provided.

Training/ Qualifications / Experience

The Medical Board of Australia and Woollard [2018] WASAT 79

Dr Keith Victor Woollard was found guilty of professional misconduct for making false representations with the purpose of misleading the Medical Advisory Committee in 2005, to obtain accreditation to perform coronary angioplasty procedures at the Mount Hospital without any supervision.

Sexual relationships & other boundary violations

Medical Board of Australia v Mohammed Hadi [2018] SAHPT 9

Sexual relationship between patient and a general practitioner.

Medical Board of Australia v Proctor (Review and Regulation) [2018] VCAT 576

Sexual relationship between patient and a psychiatrist.

Crime

Dr James Latham Peters, a medical practitioner was charged with negligently causing serious injury by infecting 55 patients with Hepatitis C. He pleaded guilty and was sentenced to 14 years' imprisonment with a minimum non-parole period of 10 years. See R v Peters [2013] VSC 93.

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