Re Mr Bar-Mordecai [2009] NSWMT 1

New South Wales Medical Tribunal

CITATION : Re Mr Bar-Mordecai [2009] NSWMT 1 TRIBUNAL: Medical Tribunal PARTIES : Mr Michael Bar-Mordecai NSW Medical Board FILE NUMBER(S) : 40015 of 2007 CORAM: Murrell, SC DCJ - Anderson, Dr P - Toh, Dr S - Collier Ms A CATCHWORDS: Former medical practitioner's application for review of de-registration order - Good Character - Competence - Doctor-patient boundary transgressions. LEGISLATION CITED: Medical Practice Act 1992 (NSW) Ex parte Tziniolis; Re The Medical Practitioners Act (1966) 67 SR (NSW) 448 ; CASES CITED: Zaidi [2006] NSWMT 6; Zaidi [1996] NSWMT; Zaidi v Health Care Complaints Commission [1998] NSWSC 335 DATES OF HEARING: 10-11 November 2008 and 27-29 January 2009. EX TEMPORE 18 March 2009 JUDGMENT DATE : LEGAL REPRESENTATIVES: Mr Bar-Mordecai in person Ms Richardson of counsel for the Medical Board ORDERS:

JUDGMENT: 1. Mr Bar-Mordecai applies for a review of a de-registration order made by the Medical Tribunal in 2000. The 2000 Proceedings 2. Between 1979 and August 1983, Mr Bar-Mordecai was the treating general practitioner for A's husband. He became friends with her. He was not A's regular general practitioner, but between 1981 and August 1983 he treated her on about eight occasions. After the death of A's husband in August 1983, Mr Bar-Mordecai lived with A. The couple had a sexual relationship. He continued to treat her. The couple had significant interpersonal financial dealings. Mr Bar-Mordecai says that he gave A more money than he received from her.

3. A died in June 1994, within minutes of Mr Bar-Mordecai administering a 30mg dose of morphine. She left a substantial estate. Under A's 1989 will, Mr Bar-Mordecai would have received a relatively small benefit. He claimed that A had destroyed that will and died intestate and that, as her de facto spouse, he was entitled to her estate. Supreme Court proceedings ensued.