DR BALASUNDERAM BALAKRISHNAN [2001] NSWMT 3

New South Wales Medical Tribunal

CITATION : DR BALASUNDERAM BALAKRISHNAN [2001] NSWMT 3 TRIBUNAL : Medical Tribunal PARTIES : DR BALASUNDERAM BALAKRISHNAN FILE NUMBER(S) : 40006 of 2000 CORAM: McGuire DCJ - Harding Burns, Dr, F - Keldoulis, Dr, T - Brophy, Ms, M CATCHWORDS: LEGISLATION CITED: THE MEDICAL PRACTICE ACT 1992 Richter v Walton, an unreported decision of the 15th July, 1993; CASES CITED: Rejfek v McElroy (1065) 112 CLR 517 @ 521; Bannister v Walton (1993) 30 NSWLR 699; Briginshaw v Briginshaw (1938( 60 CLR 336 @ 360-363 DATES OF HEARING: 30 April, 2001 DATE OF JUDGMENT: 30 April 2001

JUDGMENT: Nature of Complaint Pursuant to the Medical Practice Act 1992 (the Act), the Tribunal is enquiring into a complaint of the Commissioner, Health Care Complaints Commission into professional conduct of Dr Balasunderam Balakrishnan.

The Commissioner complains that Dr Balasunderam Balakrishnan (the practitioner), being a medical practitioner registered under the Act has been guilty of unsatisfactory professional conduct and/or professional misconduct within the meaning of Section 36 and Section 37 of the Act in that he:

(1) Has demonstrated a lack of adequate skill, judgment or care in the practice of medicine; and (2) Has been guilty of improper or unethical conduct related to the practice of medicine.

At all relevant times the practitioner was an ophthalmic surgeon and a Visiting Medical Officer at Camden District Hospital.

Complaint One On 5 December 1996 Patient A underwent cataract extraction with lens implant to his right eye at Camden District Hospital.

Particulars of complaint:

1. The practitioner failed to treat Patient A appropriately in that he: a) failed to recognise the retention of a large fragment of the lens nucleus; b) failed to place the anterior chamber intra ocular lens correctly; c) failed to refer Patient A to a vitreo-retinal surgeon when it was indicated on 16 December 1996.