In Re Dr David John ELLIS [2006] NSWMT 9

New South Wales Medical Tribunal

CITATION : In Re Dr David John ELLIS [2006] NSWMT 9 TRIBUNAL: Medical Tribunal PARTIES : Health Care Complaints Commission (Applicant) Dr David John Ellis (Respondent) FILE NUMBER(S) : 40002 of 2006 CORAM: Puckeridge, QC DCJ - Kendrick, Dr J - - CATCHWORDS: Professional Misconduct LEGISLATION CITED: CASES CITED: DATES OF HEARING: DATE OF JUDGMENT: 7 September 2006 ORDERS:

JUDGMENT:

REASONS FOR DETERMINATION

The Tribunal enquired into a complaint by the Health Care Complaints Commission [HCCC] against Dr David Ellis. The complaint dated 13th December 2005 claimed that Dr Ellis has been guilty of unsatisfactory professional conduct and/or professional misconduct in that he has:- 1. Demonstrated that the knowledge, skill or judgment possessed, or care exercised by him in the practice of medicine is significantly below the standard reasonably expected of a practitioner of an equivalent level of training or experience; and/or

2. Engaged in improper or unethical conduct relating to the practice of medicine.

PARTICULARS

1 At all relevant times the practitioner was a general practitioner practising in Ulladulla, New South Wales.

2 Between about January 1993 and September 2002 the practitioner treated a female patient, 'patient A' and her children. Between about September 1994 and December 2002 patient A worked for the practitioner as a Medical Receptionist. (i) From about 1995 to 1998 the practitioner engaged in a personal and sexual relationship with patient A which included sexual intercourse.

(ii) During the personal and sexual relationship the practitioner failed to refer patient A to another general practitioner.

(iii) The practitioner failed to keep proper and adequate records of his medical treatment of patient A.