Return to Home Page


 

Findings

Charge Characteristics

Additional Orders

Commonly
Cited Cases


Charge Characteristics

PARTICULARS OF THE CHARGE

Please Note: If there is more than one particular in a charge covering the same topic and it is established in one of the particulars but not in the other, we have concluded it is established for the purposes of the following work.

 

 

Inappropriate and/or inadequate communication
97/11C  Established but not sufficient in this instance to warrant a finding of conduct unbecoming a medical practitioner and that conduct reflects adversely on the practitioner's fitness to practise medicine.
97/12C Established.
The Tribunal considered that the unbecoming nature of the respondent's conduct in this case could lead to the making of a finding that such conduct reflects adversely on that practitioner's fitness to practise medicine. However, in circumstances of this case it declined to make a such a finding.

97/14C

 Not established.
97/16D Established.
98/25C Established but the Tribunal was not satisfied that the failure identified, although constituting unbecoming conduct, reflected adversely on doctor's fitness to practise medicine.
98/26C Established but the Tribunal was not satisfied in these circumstances that doctor's conduct in this regard constituted conduct unbecoming a medical practitioner and that conduct reflects adversely on the practitioner's fitness to practise medicine.
98/35D Not established.
98/36C Established.
99/52D Established.
99/53C Not established.
00/57D Not established.
00/61C Not established.
01/70D Established but the Tribunal was not satisfied that the doctor's failure in this case amounted to a professional disciplinary offence.
01/73D Not established.
01/74C Not established.
01/78C Not established.
01/82D Not established.
01/83C Established but the Tribunal was not satisfied that any shortcomings in this regard warranted the sanction of an adverse disciplinary finding.
01/84C Established (Three charges. One charge - Tribunal was not satisfied that the doctor's conduct warranted the sanction of an adverse finding and for another charge - majority decision of the Tribunal that the doctor's conduct warranted the sanction of an adverse finding)
01/86D Established.
02/91D Not established.
02/93C Established.
02/94D Established.
02/96C Established.
02/97C Established.
03/109D Established.
03/115C Established.
04/118D Established but the Tribunal was not satisfied that any shortcomings in this regard warranted the sanction of an adverse disciplinary finding.
04/119C Established.
04/120C Not established.
04/122C Established.
04/123D Established.
04/124C Not established.

   

 

 

Breach of privacy and confidentiality
98/36C Established.
01/78C Established but the Tribunal found it did not warrant the sanction of an adverse finding.

 

 

Inadequate/Inappropriate advice
97/3C Established.
99/43C Established.
01/70D Established.
01/79C Established but the Tribunal was satisfied the shortcomings in this case were not so significant as to amount to professional misconduct.
01/88C Established (3 charges)
Not established (2 charges)
No finding (1 charge)
02/93C Established.
02/96C Established.
02/97C Established.
03/104D Not established.
05/127C Not established.

   

 

 

Failure to inform patient of risks and/or information about the patient's condition and/or obtain consent of patient
97/1C Not established.
97/17D Established.
98/33C Not established.
98/36C Established.
99/39C Established.
99/42D Established but the Tribunal was satisfied that the level of gravity fell below that required to reach a finding of professional misconduct or conduct unbecoming a medical practitioner and that conduct reflects adversely on the practitioner's fitness to practise medicine.
99/44D Established.
99/45D Established.
99/49D Established.
99/54C Established.
00/58D Not established.
00/60D Not established.
00/66D Not established.
00/67C Established.
01/74C Established (majority decision)
01/75D Established.
01/81C Not established.
01/84C Not established.  (Two charges - majority decision in each case)
01/85D Established.
01/88C Established (6 charges)
Not established (2 charges)
No finding (1 charges)
02/89D Established.
02/93C Established.
02/94D Established.
02/96C Established.
04/118D Established.
04/119C Established but the Tribunal considered the doctor's omission in this case did not justify a disciplinary finding against him.
03/117C Not established.

 

 

Notes and/or history inadequate and/or not considered and/or inappropriate use and/or attempted to destroy
97/1C Established but in this instance this failure did not go beyond a "mere omission" and was on its own insufficient to find a finding of conduct unbecoming a medical practitioner and that conduct reflects adversely on the practitioner's fitness to practise medicine.
97/3C Established.
97/5C Established. Tribunal found, however that the deficiencies identified on the part of the doctor were not such as to reflect adversely on his fitness to practise medicine. They were not "so significant as to attract sanction for the purposes of protecting the public".
97/11C Not fully established.
97/16D Established.
98/18D Not established.
98/25C Not established.
98/35D Not established.
98/36C Established.
99/39C Established.
99/42D Established but the Tribunal considered it was not sufficient to lead to a finding of professional misconduct or conduct unbecoming a medical practitioner and that conduct reflects adversely on the practitioner's fitness to practise medicine
99/53C Not established.
00/60D Established.
00/66D Not established.
00/67C Established.
01/74C Established.
01/83C Established.
01/88C Established (4 charges)
Not established (2 charges)
No finding (1 charge)
02/89D Established.
02/93C Established.
02/96C Established.
02/97C Not established.
03/99D Established.
03/108D Not established.
03/109D Established.
04/123D Established.

 

 

Did not follow patient instructions
98/18D Not established
98/33C Not established.
00/58D Established.  The Tribunal considered the error in this case was not sufficient to warrant the sanction of a finding of either professional misconduct, or the lesser charge of conduct unbecoming a medical practitioner and that conduct reflects adversely on the practitioner's fitness to practise medicine.
01/88C Established (1 charge)

 

 

Misled or lied to a patient or a person entitled to know about a patient's condition
97/7C Established.
98/28C Established.
99/49D Not established.
00/57D Not established.
01/88C Not established (8 charges)
No finding (1 charge)
02/93C Not established.
02/96C Established.

 

 

Inaccurate representation of treatment
99/49D Established.
02/89D Established.

 

 

Did not explain to patient treatment was unorthodox
99/49D Not established.
02/89D Established.

 

 

Breach of Code
97/16D Established.
97/17D Did not need to be considered.
98/19D Tribunal did not consider.
98/22D Tribunal recommended that charges do not contain recital of breaches of rights under the Code of Health and Disability Services Consumers' Rights

 

 

Failure to take and/or ensure a specimen was properly and/or promptly examined or examined at all
97/7C Established.
97/11C Not established.
98/19D Not established.
98/22D Not established.  The Tribunal found with the benefit of hindsight the doctor could have been more proactive in her management of the patient but the Tribunal did not consider the care of the patient was inadequate.
98/29C Established.
98/36C Established.
00/68C Established.  The Tribunal considered it was not sufficient in this case to lead to a finding of professional misconduct or conduct unbecoming a medical practitioner and that conduct reflects adversely on the practitioner's fitness to practise medicine.
00/69C Established.
02/91D Not established.
02/89D Established.

 

 

Relied too heavily on a test result that the doctor knew or believed could be unreliable
97/13C Established.

 

 

Failure to consider and/or act on and/or recognise significance of symptoms and/or test results
97/8C Established.  
97/9C Established.  
98/26C Not established.
98/29C Established.
98/34C Established.
98/35D Not established.
98/36C Established.
99/48D Established. 
99/53C Not established.
00/56C Established.
00/57D Not established.
00/60D Not established.
00/62D Established.
00/69C Not established.
01/70D Established.
01/71D Not established.
01/77D Not established.
01/82D Not established.
01/86D Established.
02/90D Established but the Tribunal was not satisfied the conduct warranted the sanction of an adverse finding.
02/96C Not established.  (majority decision)
03/99D Not established.
03/100D Established.
03/113C Established.

 

 

Altered treatment without consultation and/or proper clinical examination and/or ceased medication when should not have
98/36C Established.
02/89D Established.
03/108D Established.

 

 

Treatment, care and/or follow-up inadequate and/or incorrect
97/1C Not established.
97/5C Not established.
97/9C Established.
97/10C Established but the Tribunal considered the doctor in this instance made a non-culpable error.
97/11C Not established.
97/12C Not established.
97/13C Established.
97/16D Established.
97/17D Established.
98/18D Not established.
98/19D Established.
98/20C Established an error was made but not sufficient to warrant a finding of conduct unbecoming a medical practitioner and that conduct reflects adversely on the practitioner's fitness to practise medicine.
98/22D Not established. The Tribunal found with the benefit of hindsight the doctor could have been more proactive in her management of the patient but the Tribunal did not consider the care of the patient was inadequate.
98/26C Established but in this instance omission did not constitute conduct warranting sanction.
98/27C Established.
98/29C Established.
98/30C Not established.
98/34C Established.
98/36C Established.
99/39C Not established.
00/56C Not established.
00/57D Not established.
00/60D Established.
00/62D Established.
00/66D Not established.
00/67C Established.
00/69C Established.
01/76D Established.
01/77D Not established (majority decision)
01/79C Not established.
01/82D Not established.
01/83C Established.
01/86D Established.
01/88C Established (7 charges)
Not established (1 charge)
No finding (1 charge)
02/89D Established.
02/91D Not established.
02/93C Established.
02/94D Established.
02/96C Established.
03/99D Not Established.
03/100D Established.
03/108D Established.
03/109D Established.
03/113C Established.
03/117C Not established.

 

 

Inadequate and/or inappropriate physical examination and/or ineffective consultation or consultation not undertaken and/or inadequate assessment
97/3C Established.
97/11C Not established.
97/16D Established.
98/36C Established.
98/37C Not established.
99/39C Established.
99/42D Established but the Tribunal was not satisfied that the doctor's conduct warranted the sanction of an adverse finding.
99/44D Not established.
99/48D Not established.
00/57D Not established.
00/61C Not established.
00/62D Established.
00/67C Established.
01/75D Established.
01/77D Not established (majority decision)
01/78C Established.
01/80C Established.
01/83C Established.
01/84C Established (for two charges but for one of those charges the Tribunal was not satisfied that the doctor's conduct warranted the sanction of an adverse finding)
Not established (for one charge)
01/86D Established.
01/88C Established (4 charges)
No finding (1 charge)
02/89D Established.
02/90D Established but the Tribunal was not satisfied the conduct warranted the sanction of an adverse finding.
02/93C Established.
02/96C Established.
03/99D Established.
03/104D Not established.
03/108D Not established.
03/109D Established.
03/117C Not established.
04/120C Not established.
04/123D Established.

 

 

Failed to ensure medical care available
98/36C Established.

 

 

Inadequate diagnosis and/or diagnosis made not supportable on symptoms and/or maintaining a diagnosis after the diagnosis is untenable and/or refusing to accept reasonable diagnosis of another doctor/s
97/11C Not fully established and not sufficient in this instance to warrant a finding of conduct unbecoming a medical practitioner and that conduct reflects adversely on the practitioner's fitness to practise medicine.
97/13C Established.
98/18D Not established.
98/19D Not established.
98/22D Not established. The Tribunal found with the benefit of hindsight the doctor could have been more proactive in her management of the patient but the Tribunal did not consider the care of the patient was inadequate.
98/26C Not established.
98/37C Not established.
99/48D Established.
01/73D Not established.
02/89D Established.
02/96C Established.
03/108D Not established.
03/113C Established.
03/115C Established.
04/123D Established.

 

 

Proceeded when should not have
97/10C Not established.
97/13C Established.
00/60D Not established.
00/62D Established.
01/74C Established.
01/85D Established.

 

 

Failed to attend
97/16D Established.
98/38C Established.
99/43C Established.
01/88C Not established (1 charge)
No finding (1 charge)

 

 

Sexual misconduct and/or inappropriate touching
97/15C Established following a conviction in the High Court.
97/16D Established.
97/17D Established.
98/21C Established following a conviction in the High Court.
99/40C Established following a conviction in the High Court.
99/44D Established.
99/45D Established.
00/61C Not established.
00/64C Established following a conviction in the High Court.
00/65D Not established (majority decision)
01/72D Established.
01/78C Not established.
01/87D Established.
02/95C Established.
02/97C Not established.
03/116D Established.
04/120C Not established.
04/121C Established following convictions in the District Court.
04/122C Established.
05/125C Established.
05/127C Established.

 

 

Unsafe practice
98/36C Established.
01/88C Established (1 charge)
Not established (2 charges)

 

 

Inappropriate financial relationship
98/24C Established.

 

 

Fraud and/or forgery and/or obtaining by false pretence and/or attempting to defeat the course of justice and/or intent to defraud and/or falsification of documents
97/4C Established following a conviction in the District Court.
98/18D Not established.
98/31C Established following a conviction in the District Court.
99/50C Established following a conviction in the District Court.
99/51C Established following a conviction in the District Court.
00/63C Established following a conviction in the District Court.
03/114C Established following a conviction in the District Court.
05/127C Established.
05/128C Established.

 

 

Pressure on a patient and/or inappropriate advice for financial gain
98/24C Established.
98/36C Established.
02/89D Established.

 

 

Breach of Medicines Act and/or Regulations
99/46D Established but not sufficient to warrant disciplinary action.
02/92C Established following a conviction in the District Court.
03/111C Established following a conviction in the District Court.

 

 

Practising without a current practising certificate
99/47C Established.

 

 

Assault
99/52D Established.
04/124C Not established.

 

 

Misuse of Drugs
00/63C Established following a conviction in the District Court
02/95C Withdrawn

 

 

Driving with Excess Breath Alcohol and/or Under the Influence of Alcohol
00/63C Established following a conviction in the District Court
03/103C Established following a conviction in the District Court but the Tribunal was not satisfied that the doctor's conduct warranted the sanction of an adverse finding

 

 

Inadequately qualified for the procedure undertaken
99/39C Not established.

 

 

Implemented procedures which are contrary to proper professional practice and/or law
00/68C Not established.

 

 

Inappropriate and/or inadequate prescribing
98/36C Established.
00/66D Not established.
01/74C Not established (majority decision)
01/75D Established.
01/76D Established.
02/89D Established.
02/91D Not established.
03/109D Established.
04/123D Established.
05/127C Not established.

 

 

Failure to appreciate the significance of the number of consultations
01/73D Not established.

 

 

Failure to refer, or inappropriately late referral to a hospital and/or specialist and/or to seek advice or assistance from a specialist
97/11C Not established.
98/18D Not established.
98/25C Not established.
98/30C Not established.
98/34C Established.
99/39C Not established.
99/48D Established.
00/60D Established.
00/62D Established.
01/71D Established.
01/74C Established.
01/75D Established.
01/76D Established.
01/77D Not established (majority decision)
01/81C Not established.
01/86D Established.
02/89D Established.
02/91D Not established.
02/96C Established.
03/99D Established.
03/101D Established.
03/113C Established.

 

 

Inadequate supervision/assessment of junior staff
01/77D Established but the majority of the Tribunal considered the conduct of the Doctor in this case did not fall so far short of acceptable standards as to warrant the sanction of an adverse finding.
03/110D Not established.

 

 

Inappropriate assistance with clothing and/or inappropriate request to remove clothing
01/84C Not established (one charge)
Established (one charge -  majority decision that the doctor's conduct warranted the sanction of an adverse finding)

 

 

Failure to provide a chaperone during an intimate examination
97/17D Established.

 

 

Failure to provide the necessaries of life
02/92C Established following a conviction in the High Court.

 

 

Practising while suspended from, or struck off the Medical Register
01/88C No finding (1 charge)
02/93C Not established.

 

 

Breached fundamental principles of non-maleficence, beneficence and justice

03/115C

Established.

 

 

Refusing to provide an eligible patient with an ACC Certificate

03/115C

Established.

 

 

Manslaughter

03/111C

Established following a conviction in the District Court.

 

 

Wrong Site Surgery

03/102D 

 Not Established

Site Disclaimer
Designed and built by Infinity Solutions
Download Adobe Acrobat Reader to read documents on this site.