Health Care Complaints Commission v Bronstein [2021] NSWCATOD 180

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Bronstein [2021] NSWCATOD 180 Hearing dates: 13 – 15, 22 September 2021, 8 October 2021 Date of orders: 11 November 2021 Decision date: 11 November 2021 Jurisdiction: Occupational Division Before: The Hon Cowdroy AO QC ADCJ, Principal Member Dr S McCarthy, Senior Member Dr N Willcocks, Senior Member J Barker, General Member Decision: (1) The Tribunal finds that the respondent's conduct in relation to patient A and to patient B constitutes unsatisfactory professional conduct as particularised; and his conduct in relation to patient A constitutes professional misconduct; (2) Disciplinary sanctions are to be considered at Stage II of these proceedings. Catchwords: HEALTH – Professional registration and discipline – medical practitioner – appointed to emergency department of hospital – practitioner failing to attend appropriately to the care of patients – practitioner failing to keep records of treatment – practitioner prescribing inappropriate and excessive medication to patient Legislation Cited: Health Practitioner Regulation National Law (NSW) Health Practitioner Regulation (New South Wales) Regulation 2016 (NSW) Veterinary Surgeons Act 1923 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Chen v Health Care Complaints Commission (2017) 95 NSWLR 334; [2017] NSWCA 186 Health Care Complaints Commission v Meneghetti [2020] NSWCATOD 39 Kalil v Bray (1977) 1 NSWLR 256 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Arkadi Bronstein (Respondent) Representation: Counsel: R Donnelly (Applicant) S Beckett (Respondent) Solicitors: Health Care Complaints Commission (Applicant) Avant Mutual (Respondent) File Number(s): 2020/00323860 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), publication of the name of any patient referred to in these proceedings is prohibited.