Re Dr Tuan Troung [2009] NSWMT 5

New South Wales Medical Tribunal

CITATION : Re Dr Tuan Troung [2009] NSWMT 5 TRIBUNAL: Medical Tribunal PARTIES : Dr Tuan Truong NSW Medical Board FILE NUMBER(S) : 40037 of 2009 CORAM: Murrell, SC DCJ - Renwick, Dr S - Ilbery, Dr K - Collier Ms A CATCHWORDS: Review of practice condition - Recent unresolved complainant - Practitioner offers undertaking LEGISLATION CITED: Medical Practice Act 1992 ss 36(1)(m), 92(1)(c), 94(1)(e), 94A(1) and (3). CASES CITED: NSW Medical Board v Dinakar (Medical Tribunal, 24 June 2009, unreported) DATES OF HEARING: 24 November 2009 DATE OF JUDGMENT: 25 November 2009 LEGAL REPRESENTATIVES: Mr Barnes of Counsel for the Applicant Mr Ginters of Counsel for the Respondent ORDERS:

JUDGMENT: 1 In August 1998 the practitioner, a sole general practitioner, performed a breast augmentation on Patient A. The patient was dissatisfied and lodged a complaint.

2 In May 2003 a Professional Standards Committee (PSC) inquired into that complaint and a complaint concerning Patient B, upon whom the practitioner had performed upper blepharoplasty surgery. The PSC found that some aspects of the complaints were established. It found the practitioner guilty of unsatisfactory professional conduct. It imposed conditions on his registration, including a condition prohibiting the performance of breast augmentation surgery (condition 1) and conditions requiring an audit of his practice.

3 In November 2003, the practice was audited. Deficiencies in record-keeping and other deficiencies were found. In January 2004, delegates of the NSW Medical Board conducted an enquiry under s 66 of the Medical Practice Act 1992. Further registration conditions were imposed, including a requirement for a further audit and a supervision requirement.