Re Dr Swapan Chowdhury [2010] NSWMT 13

New South Wales Medical Tribunal

CITATION : Re Dr Swapan Chowdhury [2010] NSWMT 13 revised - 13/12/2010 TRIBUNAL: Medical Tribunal PARTIES : The Health Care Complaints Commission Swapan Chowdhury FILE NUMBER(S) : 40017 of 2010 CORAM: Kok, Dr E - Abouyanni, Dr G - Glass, Assoc Prof A - Murrell, SC DCJ CATCHWORDS: Contravention of registration conditions - professional misconduct or unsatisfactory professional conduct - appropriate response to conduct LEGISLATION CITED: Medical Practice Act 1992 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267; Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; CASES CITED: Pillai v Messiter (No 2) (1989) 16 NSWLR 197; Prakash v Health Care Complaints Commission [2006] NSWCA153; Qidwai v Brown (1984) 1 NSWLR 100 DATES OF HEARING: 27-28 September 2010 DATE OF JUDGMENT: 20 October 2010 LEGAL REPRESENTATIVES: M G Furness of Senior Counsel for the Health Care Complaints Commission Mr P Blacket of Senior Counsel for the Doctor ORDERS: The complaint is established; (1) The Tribunal finds the respondent guilty of professional misconduct; (2) The respondent is reprimanded; (3) When he is registered, the conditions in Annexure 2 are to be imposed on the respondent's registration; (4) The respondent is to pay the complainant's costs.

JUDGMENT: The Complaint

1 Between 2000 and 2007, the respondent was a registered practitioner with the New South Wales Medical Board, registered under the Medical Practice Act 1992.

2 The Health Care Complaints Commission ('the complainant') asserts that the respondent is guilty of unsatisfactory professional conduct and/or professional misconduct in that, between 19 July 2005 and 19 September 2006, he contravened registration conditions imposed by a Performance Review Panel in April 2005. The conditions required the respondent to undertake a mentoring program with an experienced general practitioner approved by the Board and complete three educational programs: the Annual Revision Seminar held by the RACGP, the Clinical Communication Program conducted by the Cognitive Institute, and the Interactive Risk Management Program provided by the respondent's indemnity provider, MDASA. The respondent's professional performance was to be reassessed after 12 months. In July 2005, the respondent was notified of the conditions.