Dr Juan SABAG [2002] NSWMT 7

New South Wales Medical Tribunal

CITATION : Dr Juan SABAG [2002] NSWMT 7 TRIBUNAL : Medical Tribunal PARTIES : Dr Juan SABAG FILE NUMBER(S) : 40018 of 1999 CORAM: Patten DCJ - Crawford, Dr M - Ettinger, Ms G - Page, Dr S CATCHWORDS: LEGISLATION CITED: CASES CITED: DATES OF HEARING: DATE OF JUDGMENT: 18 October 2002

JUDGMENT: IN THE MEDICAL TRIBUNAL OF NEW SOUTH WALES THE MEDICAL PRACTICE ACT 1992

DEPUTY CHAIRPERSON: HIS HONOUR JUDGE D. PATTEN

MEMBERS: Dr M Crawford Ms Geri Ettinger Dr Sue Page

No: 40018 of 1999 Re:DR JUAN SABAG Date: October, 2002

COMPLAINT: The Tribunal has before it a Complaint (the Complaint) dated 8 September 2000 by the Health Care Complaints Commission (HCCC). The Complaint in its amended form, omitting formal parts, follows, but it should be noted that, at the commencement of the hearing, Mr Rushton, SC for the HCCC, indicated that his client no longer relies on particulars 2(a), 3(a), 4(a) and 5:- " that Dr Juan Sabag of Suite 17, 4 Station Street, Fairfield NSW 2165 ("the practitioner") being a medical practitioner registered under (The Medical Practice Act 1992) (the Act) has been guilty of unsatisfactory professional conduct and professional misconduct within the meaning of section 36 and 37 of the Act in that he: (i) has demonstrated a lack of adequate skill, knowledge, experience, judgment and care in the practice of medicine and/or (ii) has been guilty of improper and unethical conduct relating to the practice of medicine.

PARTICULARS: The practitioner, at all relevant times, was a general practitioner practising at rooms at Fairfield in New South Wales. Between 1 July 1994 and 30 June 1995 the practitioner performed or attempted to perform nerve block procedures and administered injections of local anaesthetic and cortisone to patients at his rooms.